Opinion
No. 137500.
September 28, 2010.
Reported at 487 Mich. 455.
Statement Regarding Decision on Motion for Disqualification Entered.
DAVIS, J. Defendant has brought this motion seeking my recusal on its motion for rehearing of this Court's July 31, 2010, opinion in this case. Because I do not believe that grounds supporting recusal exist, I deny defendant's motion.
Defendant asks that I recuse myself from participation in the motion for rehearing because I "did not consider the application for leave to appeal that was decided by Bezeau v. Palace Sports Entertainment, Inc.[] The term rehearing itself supposes that a jurist had heard a case once before."
Bezeau v. Palace Sports Entertainment, Inc, 487 Mich. 455 (2010).
As was noted in my nonparticipation statement in People v. Jackson, 487 Mich. 783, 808 (2010), a justice in transition's nonparticipation in a case that was heard before the Justice took office does not affect the ability of that justice to participate in subsequent motions for rehearing.