People of Michigan v. Greggory Lamont McNutt ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
December 12, 2014 Robert P. Young, Jr.,
Chief Justice
149423 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: 149423
COA: 313621
Calhoun CC: 2012-000853-FH
GREGGORY LAMONT McNUTT,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the April 15, 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. We note that,
contrary to the Court of Appeals holding, trial counsel did not affirmatively waive the
defendant’s request for specific instructions by making a record that the judge had
declined to give the instructions as requested and concluding his remarks with, “Thank
you, Your Honor.” Contrast People v Kowalski, 489 Mich 488, 504-505 (2011).
However, we conclude that, regardless of whether the defendant waived review of the
jury instructions, the instructions did not result in outcome-determinative error.
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.
December 12, 2014
h1209
Clerk