Order Michigan Supreme Court Lansing, Michigan June 22, 2011 Robert P. Young, Jr., Chief Justice 142875 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 142875 COA: 295497 Ottawa CC: 09-033711-FH BENJAMIN CURTIS WALBURG, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the February 10, 2011 judgment of the Court of Appeals is considered and, it appearing to this Court that the cases of People v Kolanek (Docket Nos. 142695, 142712) and People v King (Docket No. 142850), are pending on appeal before this Court and that the decisions in those cases may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decisions in those cases.

We invite Scholten Fant, P.C. (Bradford W. Springer) to file a brief amicus curiae in Kolanek.

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.

June 22, 2011 _________________________________________ y0615 Clerk