People of Michigan v. Levon Lee Bynum

Order Michigan Supreme Court
Lansing, Michigan
November 8, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147261 & (61) Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant/Cross-Appellee,
v SC: 147261
COA: 307028
Calhoun CC: 2011-001705-FC
LEVON LEE BYNUM,
Defendant-Appellee/Cross-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 18, 2013
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the
following issues: (1) whether the police officer’s expert testimony regarding gangs and
gang membership — especially the testimony as to the defendant’s gang, the defendant’s
role in his gang, and premeditation — was more prejudicial than probative under MRE
403; (2) the extent to which the profiling factors listed in People v Murray, 234 Mich
App 46, 56-58 (1999), apply to the admissibility of this expert testimony; (3) whether any
error by the trial court with respect to this testimony was preserved; and (4) whether, if
there was any such error by the trial court, the Court of Appeals correctly held that the
defendant was entitled to a new trial or whether any error was harmless. The defendant’s
application for leave to appeal as cross-appellant remains pending.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
November 8, 2013
s1105
Clerk