Opinion
No. 127457.
September 15, 2006.
Appeal from the Summary Dispositions SC: 127457, COA: 248038, Calhoun CC: 02-003738-FC.
Summary Dispositions September 15, 2006:
By order of June 17, 2005, we granted leave to appeal the November 4, 2004, judgment of the Court of Appeals and ordered that this case be argued and submitted together with the case of People v Walker (Docket No. 128515), 472 Mich 927 (2005). By order of November 18, 2005, this case was held in abeyance pending the decisions in Davis v Washington, cert gtd ___ US ___; 126 S Ct 547; 163 L Ed 2d 458 (2005), and Hammon v Indiana, cert gtd ___ US ___; 126 S Ct 552; 163 L Ed 2d 459 (2005). On order of the Court, the consolidated cases having been decided on June 19, 2006, Davis v Washington, ___ US ___; 126 S Ct 2266; 165 L Ed 2d 224 (2006), we vacate our June 17, 2005, order granting leave to appeal and the November 4, 2004, judgment of the Court of Appeals, and remand this case to the Court of Appeals for reconsideration in light of Davis. We direct the Court of Appeals' attention to the fact that we have also remanded People v Walker to the Court of Appeals for reconsideration in light of Davis. We do not retain jurisdiction.
KELLY, J. I would vacate the June 17, 2005, order granting leave to appeal and would deny leave to appeal.