Order Michigan Supreme Court Lansing, Michigan October 5, 2011 Robert P. Young, Jr., Chief Justice 142920 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 142920 COA: 296114 RICKY RUSSELL FULTON, Oakland CC: 2009-227299-FH Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 10, 2011 judgment 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.

MARILYN KELLY, J., would grant leave to appeal.

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 5, 2011 _________________________________________ h0928 Clerk