People of Michigan v. Devon Howard

• Court: Michigan Supreme Court
• Decided: November 26, 2008
• Docket: 137685
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 26, 2008 Clifford W. Taylor, Chief Justice

137685 & (10) Michael F. Cavanagh 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: 137685 COA: 288724 Oakland CC: 2008-221695-FH DEVON HOWARD, Defendant-Appellee.

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On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the November 10, 2008 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted to determine whether the trial court followed the standards set forth in MCR 6.201(C)(2) and People v Stanaway, 446 Mich 643 (1994), in granting an in camera review of privileged materials. The proceedings in the Oakland Circuit Court are stayed pending the completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

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. November 26, 2008 _________________________________________ p1125 Clerk