Order Michigan Supreme Court Lansing, Michigan

November 7, 2012 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Marilyn Kelly 145261 & (43) Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 145261 COA: 304422 Leelanau CC: 10-001713-FH JOSHUA ADAM SPENCER, Defendant-Appellant.

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On order of the Court, the motion for miscellaneous relief is GRANTED. The application for leave to appeal the May 3, 2012 judgment 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.

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. November 7, 2012 _________________________________________ s1031 Clerk