People of Michigan v. Richard Prochowski

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 5, 2012 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Marilyn Kelly 143040 Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 143040 COA: 302568 St. Clair CC: 09-002337-FH RICHARD PROCHOWSKI, Defendant-Appellant.

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By order of September 6, 2011, the application for leave to appeal the March 18, 2011 order of the Court of Appeals was held in abeyance pending the decisions in People v Likine (Docket No. 141154), People v Parks (Docket No. 141181) and People v Harris (Docket No. 141513). On order of the Court, the cases having been decided on July 31, 2012, 492 Mich 367 (2012), the application is again considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

MARILYN KELLY, J., would remand this case to the trial court to allow the defendant to withdraw his plea.

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, 2012 _________________________________________ s1128 Clerk