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January 29, 2011

MSC Order List: January 28, 2011

On January 28, 2011, the Michigan Supreme Court denied three applications for leave to appeal, administratively closed one case and in lieu of granting leave to appeal, reversed the judgment of the Court of Appeals in another case.

In People v Washington, the Michigan Supreme Court denied defendant's application for leave to appeal. Justice Marilyn Kelly dissented, stating that she would reverse the judgment of the Court of Appeals because she did not believe that the police made a valid Terry Stop and as a result the police's search was illegal, and the trial court was correct to dismiss the case.

After considering the parties' briefs and oral arguments, the Court vacated its June 11, 2010 order in People v Hailey and denied the application for leave to appeal.

The Court administratively closed Thorne v. Great Atlantic & Pacific Tea Co., Inc., without prejudice and without a decision on the merits, due to the filing of a petition of bankruptcy in In re The Great Atlantic & Pacific Tea Co., Inc., et al, in the U.S. Bankruptcy Court, Southern District of New York.

Finally in People v Jones, the Court in lieu of granting leave to appeal, reversed the Court of Appeals and reinstated the April 3, 2008 order of the Wayne Circuit Court granting the defendant credit for time served.

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