People of Michigan v. Brandon John Mitchell

Michigan Supreme Court

People of Michigan v. Brandon John Mitchell

DecidedMay 21, 2014

Docket148111

StatusPublished

This text of People of Michigan v. Brandon John Mitchell (People of Michigan v. Brandon John Mitchell) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Brandon John Mitchell, (Mich. 2014).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

May 21, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 148111 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellant, v SC: 148111 COA: 311147 Livingston CC: 12-020453-AR BRANDON JOHN MITCHELL, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the October 2, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the issue whether the Livingston Circuit Court erred in concluding that the district court’s exclusion of the defense expert testimony was not harmless beyond a reasonable doubt with respect to the defendant’s conviction for operating a motor vehicle while visibly impaired, MCL 257.625(3). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

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. May 21, 2014 s0514 Clerk

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Order Michigan Supreme Court Lansing, Michigan

May 21, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 148111 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellant, v SC: 148111 COA: 311147 Livingston CC: 12-020453-AR BRANDON JOHN MITCHELL, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the October 2, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the issue whether the Livingston Circuit Court erred in concluding that the district court’s exclusion of the defense expert testimony was not harmless beyond a reasonable doubt with respect to the defendant’s conviction for operating a motor vehicle while visibly impaired, MCL 257.625(3). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

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. May 21, 2014 s0514 Clerk

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People of Michigan v. Brandon John Mitchell, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-brandon-john-mitchell-mich-2014.