DocketNumber： 159912
Filed Date： 3/27/2020
Status： Precedential
Modified Date： 3/28/2020
Order Michigan Supreme Court Lansing, Michigan March 27, 2020 Bridget M. McCormack, Chief Justice 159912 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: 159912 COA: 340931 Van Buren CC: 2016-020783-FC JASON BRENT KEISTER, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the May 16, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment holding that the admission of the expert testimony of Dr. Angela May was not plain error. Her testimony was plainly contrary to People v Smith,425 Mich. 98
(1986), People v Peterson,450 Mich. 349
(1995), and People v Thorpe,504 Mich. 230
(2019). We REMAND this case to the Court of Appeals for consideration of whether the prejudice prong of the plain-error test was satisfied, and, if so, whether reversal of the defendant’s convictions is warranted. See People v Carines,460 Mich. 750
, 763-764 (1999). 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. We do not retain jurisdiction. 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. March 27, 2020 t0323 Clerk