Order Michigan Supreme Court
Lansing, Michigan
December 5, 2007 Clifford W. Taylor,
Chief Justice
134914 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 134914
COA: 264176
Oakland CC: 2004-197437-FC
LANCE ALLEN SCHMITT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 31, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for
the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case
to the Court of Appeals for consideration of the defendant’s remaining issues.
CAVANAGH and KELLY, JJ., would deny leave to appeal.
I, Corbin R. Davis, 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.
December 5, 2007 _________________________________________
p1128 Clerk