Order Michigan Supreme Court Lansing, Michigan October 25, 2006 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 131460 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: 131460 COA: 269700 Jackson CC: 05-004403-FH KENYARDA DUBOIS JAMES, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the May 31, 2006 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

KELLY, J., would remand this case to the Court of Appeals as on leave granted.

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 25, 2006 _________________________________________ d1018 Clerk