People v. Mungo

792 N.W.2d 686, 483 Mich. 1091, 2009 Mich. LEXIS 1343

• Court: Michigan Supreme Court
• Decided: June 23, 2009
• Docket: 136017
• Status: Published

Opinion

Summary Disposition June 23, 2009:

By order of May 27, 2008, the application for leave to appeal the January 17, 2008, judgment of the Court of Appeals was held in abeyance pending the decision of the United States Supreme Court in Arizona v Gant (Docket No. 07-542). On order of the Court, the case having been decided on April 21, 2009, Arizona v Gant, 556 US _; 129 S Ct 1710; 173 L Ed 2d 485 (2009), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the judgment of the Court of Appeals and remand this case to that court for reconsideration in light of the decision in Arizona v Gant.

We further note that a similar issue is presented in People v Hunter, unpublished opinion per curiam of the Court of Appeals, issued April 3, 2008 (Docket No. 272873), which we have peremptorily vacated and remanded to the Court of Appeals for reconsideration in light of Gant by order dated June 23, 2009 (Docket No. 136546). We do not retain jurisdiction. Court of Appeals No. 269250.