Order Michigan Supreme Court
Lansing, Michigan
May 21, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
148111 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 148111
COA: 311147
Livingston CC: 12-020453-AR
BRANDON JOHN MITCHELL,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 2, 2013
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the issue whether the Livingston Circuit Court
erred in concluding that the district court’s exclusion of the defense expert testimony was
not harmless beyond a reasonable doubt with respect to the defendant’s conviction for
operating a motor vehicle while visibly impaired, MCL 257.625(3). In all other respects,
leave to appeal is DENIED, because we are not persuaded that the remaining question
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.
May 21, 2014
s0514
Clerk