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People v. Cowan

Supreme Court of Michigan

March 25, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
REID J. COWAN, Defendant-Appellant

COA: 319132. Marquette CC: 06-044129-FH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the June 2, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of

Page 622

granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the questions: (1) whether the defendant is entitled to relief because of the deliberate or negligent failure of the State of Michigan to execute the probation violation warrant while the defendant was known to be serving a prison sentence in Indiana, compare People v Ortman, 209 Mich.App. 251; 530 N.W.2d 161 (1995), and People v Diamond, 59 Mich.App. 581; 229 N.W.2d 857 (1975), with Moody v Daggett, 429 U.S. 78; 97 S.Ct. 274; 50 L.Ed.2d 236 (1976); and (2) whether the defendant has shown good cause for failing to raise this issue on direct review. The Court of Appeals is DIRECTED to decide this case on an expedited basis. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).


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