People v. Washington

Full title: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Sylvester…

Court: Supreme Court of Michigan

Date published: Apr 8, 2011

795 N.W.2d 816 (Mich. 2011)

Opinion

795 N.W.2d 816 (Mich. 2011) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Sylvester WASHINGTON, Jr., Defendant-Appellant. No. 141929. COA No. 298970. Supreme Court of Michigan. April 8, 2011

         Order

          On order of the Court, the application for leave to appeal the September 21, 2010 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

         To the extent People v. Floyd, 481 Mich. 938, 751 N.W.2d 34 (2008), has been seen as inconsistent with People v. Powe, 469 Mich. 1032, 679 N.W.2d 67 (2004); People v. Drohan, 475 Mich. 140, 162 n. 14, 715 N.W.2d 778 (2006); and People v. Harper, 479 Mich. 599, 617 n. 31, 739 N.W.2d 523 (2007), it is disavowed.

          MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ., would grant leave to appeal.