On Wednesday, December 9, 2009, the Michigan Supreme Court denied seven applications for leave to appeal, held the case of Velez v. Tuma, Case No. 138952, in abeyance pending the outcome of O'Neal v. St. John Hospital, Case Nos. 138180 & 138181, and directed the Saginaw Prosecuting Attorney to answer a defendant's application for leave to appeal and address whether, in light of People v. Idziak, 484 Mich. 549 (2009), the defendant is entitled to jail credit under MCL 769.11b. Our post on O'Neal v. St. John Hospital is here and our discussion of People v. Idziak, can be found here. The Court also remanded two cases to the Court of Appeals, as on leave granted.
In People v. Swain, Case No. 139726, the Court of Appeals was directed to address 1) whether the successive motion for relief from judgment in this case was barred by MCR 6.502(G), and 2) if it was, whether the defendant's constitutional rights were implicated given that the trial court found a significant possibility that the defendant was innocent based on evidence that was not presented at trial. The Court's order is here.
In Tappen v. Carlton 54th LLC, Case No. 139160, the Court remanded the case to the Court of Appeals to consider the court's May 18, 2009 order denying the application for leave to appeal for failure to persuade the court of the need for immediate review. The Court's order remanding the case as on leave granted can be found here.