People of Michigan v. Matthew Allen Milbourn

• Court: Michigan Supreme Court
• Decided: October 24, 2014
• Docket: 149014
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 24, 2014 Robert P. Young, Jr., Chief Justice

149014 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: 149014 COA: 312280 Calhoun CC: 2011-003419-FC MATTHEW ALLEN MILBOURN, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the February 18, 2014 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. Although the Court of Appeals erred in determining that the law enforcement officer’s testimony regarding the complainant’s prior consistent statement was properly admitted because it was not hearsay, the erroneous admission of this testimony does not warrant relief in this case because it did not affect the defendant’s substantial rights, as required by People v Carines, 460 Mich 750, 774 (1999).

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 24, 2014 h1021 Clerk