Order Michigan Supreme Court Lansing, Michigan

December 20, 2010 Marilyn Kelly, Chief Justice

141765 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis, Plaintiff-Appellee, Justices

v SC: 141765 COA: 298353 Oakland CC: 2009-225116-FH EMMETT JAMES FOUTS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the July 26, 2010 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.

DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).

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. December 20, 2010 _________________________________________ s1213 Clerk