*1 Order Michigan Supreme Court
Lansing, Michigan October 19, 2005 Clifford W. Taylor,
Chief Justice 128368 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellant, Justices v SC: 128368
COA: 255416 Berrien CC: 03-411091-SD MARK JOSEPH ANSTEY,
Defendant-Appellee. _________________________________________/
On order of the Court, the application for leave to appeal the February 8, 2005
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues to be briefed: (1) whether dismissal is the proper
remedy for the denial of an independent chemical test in violation of MCL
257.625a(6)(d); and (2) whether this Court’s decision in
People v Koval,
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. October 19, 2005 _________________________________________ s1012 Clerk