People of Michigan v. Benjamin James O'Donnell

Opinion

Order Supreme Court Lansing, Michigan

September 23, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 128587 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellant, Justices

v SC: 128587 COA: 252567 Calhoun CC: 94-001864-FC BENJAMIN JAMES O’DONNELL Defendant-Appellee.

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On order of the Court, the application for leave to appeal the April 19, 2005 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 and REINSTATE defendant's armed robbery conviction. The decisions in People v Randolph, 466 Mich 532 (2002), and People v Scruggs, 256 Mich App 303 (2003), are to be given limited retroactive effect, applying only to those cases pending on appeal in which the issue was raised and preserved. People v Cornell, 466 Mich 335, 367 (2002); People v Pasha, 466 Mich 378, 384 (2002).

CAVANAGH and KELLY, JJ., would grant or 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. September 23, 2005 _________________________________________ s0919 Clerk