People of Michigan v. Carl Rene Bruner II

Michigan Supreme Court

People of Michigan v. Carl Rene Bruner II

928 N.W.2d 220

CourtMichigan Supreme Court

DecidedJune 14, 2019

DocketSC: 158545; COA: 325730

StatusPublished

This text of 928 N.W.2d 220 (People of Michigan v. Carl Rene Bruner II) 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.

Bluebook

People of Michigan v. Carl Rene Bruner II, 928 N.W.2d 220 (Mich. 2019).

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On order of the Court, the application for leave to appeal the August 21, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), and in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND this case to the Wayne Circuit Court for a new trial. The Court of Appeals erred in concluding that the prosecution established that the confrontation violation was harmless beyond a reasonable doubt. Reviewing the record de novo, we cannot conclude that admission of Westley Webb's testimony-the only evidence that placed a gun in the defendant's hand-"did not tip the scale in favor of the prosecution and contribute to the jury's verdict." People v. Anderson , 446 Mich. 392 , 407, 521 N.W.2d 538 (1994). Instead, it seems "reasonable to believe that this evidence affected the jury's decision to convict." Id.

We do not retain jurisdiction.

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On order of the Court, the application for leave to appeal the August 21, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), and in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND this case to the Wayne Circuit Court for a new trial. The Court of Appeals erred in concluding that the prosecution established that the confrontation violation was harmless beyond a reasonable doubt. Reviewing the record de novo, we cannot conclude that admission of Westley Webb's testimony-the only evidence that placed a gun in the defendant's hand-"did not tip the scale in favor of the prosecution and contribute to the jury's verdict." People v. Anderson , 446 Mich. 392 , 407, 521 N.W.2d 538 (1994). Instead, it seems "reasonable to believe that this evidence affected the jury's decision to convict." Id.

We do not retain jurisdiction.

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Bluebook (online)

928 N.W.2d 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-carl-rene-bruner-ii-mich-2019.

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