People of Michigan v. Ervine Lee Davenport

• Court: Michigan Supreme Court
• Decided: July 3, 2013
• Docket: 146652
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

July 3, 2013 Robert P. Young, Jr., Chief Justice

146652 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 146652 COA: 306868 Kalamazoo CC: 2007-000165-FC ERVINE LEE DAVENPORT, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the December 13, 2012 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. While the Court of Appeals erroneously failed to consider defendant’s claim in light of the United States Supreme Court decision in Holbrook v Flynn, 475 US 560, 570; 106 S Ct 1340; 89 L Ed 2d 525 (1986) (“the question must be not whether jurors actually articulated a consciousness of some prejudicial effect, but rather whether ‘an unacceptable risk is presented of impermissible factors coming into play’”), citing Estelle v Williams, 425 US 501, 505; 96 S Ct 1691; 48 L Ed 2d 126 (1976), the error was harmless under the facts of this case. Given the substantial evidence of guilt presented at trial, we cannot conclude that there was an unacceptable risk of impermissible factors coming into play.

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. July 3, 2013 p0626 Clerk