People of Michigan v. Matthew Allen Milbourn ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
October 24, 2014 Robert P. Young, Jr.,
Chief Justice
149014 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: 149014
COA: 312280
Calhoun CC: 2011-003419-FC
MATTHEW ALLEN MILBOURN,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the February 18, 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. Although the
Court of Appeals erred in determining that the law enforcement officer’s testimony
regarding the complainant’s prior consistent statement was properly admitted because it
was not hearsay, the erroneous admission of this testimony does not warrant relief in this
case because it did not affect the defendant’s substantial rights, as required by People v
Carines, 460 Mich 750, 774 (1999).
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 24, 2014
h1021
Clerk