People of Michigan v. Ervine Lee Davenport ( 2013 )

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.
_________________________________________/
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