Order Michigan Supreme Court Lansing, Michigan January 13, 2012 Robert P. Young, Jr., Chief Justice 1/December 2011 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman 142228 Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 142228 COA: 292942 Hillsdale CC: 08-321794-FH MICHAEL CARL COOLEY, Defendant-Appellant.

_________________________________________/ On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we VACATE our order of April 8, 2011. The application for leave to appeal the October 19, 2010 judgment of the Court of Appeals is DENIED, because we are no longer persuaded that the question presented should be reviewed by this Court.

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.

January 13, 2012 _________________________________________ t0110 Clerk