Order Michigan Supreme Court Lansing, Michigan October 31, 2005 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 128762 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 128762 COA: 259055 Wayne CC: 03-018260 WILBERT McPHAIL, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the March 21, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 31, 2005 _________________________________________ l1024 Clerk