People of Michigan v. Eric Lawson ( 2005 )

Order Michigan Supreme Court
Lansing, Michigan
October 19, 2005 Clifford W. Taylor,
Chief Justice
128359 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 128359
COA: 251331
Wayne CC: 01-000516-02
ERIC LAWSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 15, 2005
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE in part the judgment of the Court of
Appeals, and we REMAND this case to the Court of Appeals for it to further consider
whether the constitutional error in this case was harmless beyond a reasonable doubt.
The Court of Appeals shall make its determination in a manner consistent with the
process of assessment described in People v Shepherd, 472 Mich 343, 347-348 (2005),
and People v Mateo, 453 Mich 203, 215 (1996). In all other respects the application is
DENIED.
We do not retain jurisdiction.
WEAVER, J., would deny leave to appeal.
I, Corbin R. Davis, 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 19, 2005 _________________________________________
l1012 Clerk