People of Michigan v. Daniel Mark Myslenski ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 4, 2019 Bridget M. McCormack,
Chief Justice
159894 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159894
COA: 347187
Montcalm CC: 2018-023805-FH
DANIEL MARK MYSLENSKI,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 23, 2019 order
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.
CAVANAGH, J. (concurring).
I concur in the denial of leave to appeal where this defendant seeks interlocutory
review of the trial court’s denial of his motion to suppress results of a blood test because
“[t]o the extent that the passage of time reduces the probative value of the test, the
diminution goes to weight, not admissibility, and is for the parties to argue before the
finder of fact.” People v Wager, 460 Mich. 118, 126 (1999). However, here, where the
passage of time appears to have been more than four hours, for the results to be more
prejudicial than probative under MRE 403 the results may need to be accompanied by
some explanation of how to infer blood alcohol level at the time of the accident. See id.
at 124-125.
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 4, 2019
a1001
Clerk