People of Michigan v. Anthony Devonte Ratcliff ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
October 25, 2013 Robert P. Young, Jr.,
Chief Justice
146861 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: 146861
COA: 303950
Wayne CC: 10-008185-FC
ANTHONY DEVONTE RATCLIFF,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 5, 2013
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
holding that the defendant’s argument that his conviction was against the great weight of
the evidence was unpreserved. Because this was a bench trial, the defendant was not
required to file a motion to remand to preserve this issue. MCR 7.211(C)(1)(c). Relief is
not warranted, however, because the evidence was not so heavily opposed to the verdict
that the verdict can be said to be a miscarriage of justice. People v Lemmon, 456 Mich
625, 627 (1998). In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions 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.
October 25, 2013
h1022
Clerk