People v. Smelley

776 N.W.2d 310 (2010)

PEOPLE of the State of Michigan, Plaintiff-Appellant,

v.

Jovan Dekeith SMELLEY, Defendant-Appellee.

Docket No. 139591. COA No. 274033.

Supreme Court of Michigan.

January 8, 2010.

Order

On order of the Court, the application for leave to appeal the August 13, 2009 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion that held that the trial court abused its discretion in admitting flight evidence. In all other respects, leave to appeal is DENIED, because we are not…