Order Michigan Supreme Court
Lansing, Michigan
March 25, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
149595 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 149595
COA: 319132
Marquette CC: 06-044129-FH
REID J. COWAN,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the June 2, 2014 order of
the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on
leave granted, of the questions: (1) whether the defendant is entitled to relief because of
the deliberate or negligent failure of the State of Michigan to execute the probation
violation warrant while the defendant was known to be serving a prison sentence in
Indiana, compare People v Ortman, 209 Mich App 251 (1995), and People v Diamond,
59 Mich App 581 (1975), with Moody v Daggett, 429 US 78; 97 S Ct 274; 50 L Ed 2d
236 (1976); and (2) whether the defendant has shown good cause for failing to raise this
issue on direct review. The Court of Appeals is DIRECTED to decide this case on an
expedited basis. In all other respects, leave to appeal is DENIED, because the defendant
has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 25, 2015
s0318
Clerk
People of Michigan v. Reid J Cowan
Combined Opinion