People of Michigan v. Christopher Dewayne Whitlock

• Court: Michigan Supreme Court
• Decided: October 28, 2020
• Docket: 159843
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 28, 2020 Bridget M. McCormack, Chief Justice

David F. Viviano, Chief Justice Pro Tem 159843 Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices

v SC: 159843 COA: 341560 Oakland CC: 2017-263204-FH CHRISTOPHER DEWAYNE WHITLOCK, a/k/a CHRISTOPHER DWAYNE WHITLOCK, Defendant-Appellant.

_________________________________________/

By order of February 4, 2020, the prosecuting attorney was directed to answer the application for leave to appeal the May 9, 2019 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II and Part III-F of the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration. On remand, the Court of Appeals is to determine whether: (1) the admission of other-act evidence pursuant to MCL 768.27a and People v Watkins, 491 Mich 450 (2012), may have confused jurors regarding the nature of the charged acts, and if so, whether the potential for confusion of the issues substantially outweighed the evidence’s probative value, MRE 403; and (2) the prosecutor’s use of the forensic interviewer’s testimony entitles the defendant to a new trial pursuant to People v Thorpe, 504 Mich 230 (2019). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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. October 28, 2020 s1021 Clerk