Order Michigan Supreme Court Lansing, Michigan August 6, 2009 Marilyn Kelly, Chief Justice 138844 & (16) Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway, Plaintiff-Appellee, Justices v SC: 138844 COA: 290632 Calhoun CC: 08-002807-FC ORLANDO DEENAIR DAVIS, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the March 26, 2009 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. The motion for miscellaneous relief is DENIED.

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.

August 6, 2009 _________________________________________ 0720 Clerk