November 8, 2005, the Court heard oral argument on the application for leave to appeal the February 10, 2005 order of the Court of Appeals. On order of the Court, the application for leave to appeal is again considered. It appears to this Court that the case of Simmons v. Metrish, No. 03-2609, is pending in the United States Court of Appeals for the Sixth Circuit, on remand from the U.S. Supreme Court for reconsideration in light of Halbert v. Michigan, 545...
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