Order Michigan Supreme Court
Lansing, Michigan
October 30, 2015 Robert P. Young, Jr.,
Chief Justice
150040 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellant, Joan L. Larsen,
Justices
v SC: 150040
COA: 315323
Wayne CC: 12-008021-FC
WILLIAM LYLES, JR.,
Defendant-Appellee.
_____________________________________/
On October 14, 2015, the Court heard oral argument on the application for leave to
appeal the July 22, 2014 judgment of the Court of Appeals. On order of the Court, the
application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal,
we VACATE the Court of Appeals judgment and we REMAND this case to that court.
The Court of Appeals panel correctly stated that “[r]eversal for failure to provide a
jury instruction requested by a defendant is unwarranted unless it appears that it is more
probable than not that the error was outcome determinative.” Slip Op, p 4, citing People
v McKinney, 258 Mich App 157, 163 (2003); MCL 769.26. However, the panel below
did not clearly apply that standard. Instead, the panel cited several older cases from this
Court that antedated our current harmless error standard for the proposition that a trial
court’s failure to give a requested and appropriate character evidence instruction “has
been repeatedly held as error requiring reversal.” Slip Op, p 5.
None of these cases applied our current harmless error standard interpreting
MCL 769.26, which holds that a “miscarriage of justice” occurs where it “‘affirmatively
appear[s]’ that it is more probable than not that the error was outcome determinative.”
People v Lukity, 460 Mich 484, 496 (1999). The Court of Appeals panel erred in relying
on cases that did not apply the current standard in holding that a miscarriage of justice
occurred in this case. On remand, we direct the Court of Appeals to apply our governing
standard to the defendant’s claim for relief.
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.
October 30, 2015
a1027
Clerk