Order Michigan Supreme Court Lansing, Michigan July 29, 2014 Robert P. Young, Jr., Chief Justice 148489 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: 148489 COA: 315394 Macomb CC: 2009-003276-FH JEFFREY JOSEPH BARBIERI, Defendant-Appellant.

_____________________________________/ On order of the Court, the application for leave to appeal the October 8, 2013 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

VIVIANO, J., did not participate because he presided over this case in the circuit court and due to a familial relationship with the circuit court judge who presided over the motion for relief from judgment.

I, Larry S. Royster, 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 29, 2014 h0721 Clerk