Order Michigan Supreme Court Lansing, Michigan

July 24, 2012 Robert P. Young, Jr., Chief Justice

144794 & (19)(22) 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: 144794 COA: 307075 Wayne CC: 10-004084-FH ROBERT LAWRENCE KIRBY, Defendant-Appellant.

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On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the February13, 2012 order 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. The motion to remand is DENIED.

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. July 24, 2012 _________________________________________ h0716 Clerk