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A Better Partnership
September 21, 2009

MSC Order List: September 18, 2009

On Friday, September 18, 2009, the Court denied leave to appeal in two cases, denied a prisoner's motion to waive fees, denied reconsideration of In re McBride Minors (Corrigan, J. and Kelly, C.J. dissenting) and ordered supplemental briefing on the issue of whether the government tort liability act applies to claims against a former tribal chairperson in Sault St. Marie Tribe of Chippewa Indians v. Bouschor (application for leave pending), and entered remand orders in the following cases:

  • People v. Elanani: The Court vacated the decision of the Court of Appeals because the Court concluded that the trial court erred in scoring the defendant's offense and erroneously departed from the guideline range. The Court remanded the case to the circuit court for re-sentencing. Justice Weaver dissented and would have denied leave to appeal.
  • People v. Wiggins: The Court, in lieu of granting leave to appeal, remanded the case to the Court of Appeals for consideration, as on leave granted, whether the circuit court the defendant's offense was properly scored. Justice Weaver again dissented, and Justice Markman concurred to dispute Justice Weaver.

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