Order Michigan Supreme Court Lansing, Michigan

November 22, 2010 Marilyn Kelly, Chief Justice

141566 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: 141566 COA: 297972 Kalamazoo CC: 2009-000036-FH JAYCE ALLEN SMITH, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the June 23, 2010 order of the Court of Appeals is considered and, it appearing to this Court that the case of People v David Ray Smith (Docket No. 140371) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case.

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. November 22, 2010 _________________________________________ p1115 Clerk