Order Michigan Supreme Court Lansing, Michigan April 1, 2013 Robert P. Young, Jr., Chief Justice 146475 & (20) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices v SC: 146475 COA: 313162 Wayne CC: 89-004878-FC RICHARD HANNABLE McDUFF, Defendant-Appellant.

_________________________________________/ On order of the Court, the motion for stay is treated as an application for leave to appeal the November 15, 2012 order of the Court of Appeals. It is considered, and it is DENIED, because there are no proceedings in this Court to stay. The Court of Appeals order may be appealed after the trial court proceedings on remand are complete and an appeal (if any) is taken from that decision.

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.

April 1, 2013 _________________________________________ h0325 Clerk