People of Michigan v. Christopher Lee Johnson

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 12, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

150936 Brian K. Zahra Bridget M. McCormack

David F. Viviano

PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellee, Justices

v SC: 150936 COA: 317206 Kent CC: 12-009542-FH

CHRISTOPHER LEE JOHNSON, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 15, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment discussing the admissibility of prior act evidence under MRE 404(b)(1) and the prosecution’s alleged failure to comply with MRE 404(b)(2). We agree with the Court of Appeals, however, that to the extent there was any plain error in the admission of this challenged evidence under MRE 404(b), it did not require reversal because the other evidence of the defendant’s guilt was overwhelming. See People v Carines, 460 Mich 750, 763-764 (1999). 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.

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.

June 12, 2015

a0609

Clerk