Order Michigan Supreme Court
Lansing, Michigan
February 3, 2017 Stephen J. Markman,
Chief Justice
153451 Robert P. Young, Jr.
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 153451
COA: 319980
Jackson CC: 12-004848-FC
MICHAEL PATRICK-MURPHY HAMILTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 9, 2016
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 Part III of the Court of Appeals opinion
(entitled “EXPERT TESTIMONY”), and we REMAND this case to that court for
reconsideration of the defendant’s claims regarding the qualification and testimony of
Rosemary Heise. The Court of Appeals majority correctly cited People v Lukity, 460
Mich 484, 495-496 (1999), for the proposition that a preserved, non-constitutional error
is not a ground for reversal unless it is more probable than not that the error was outcome
determinative. It erred, however, in determining that because Heise’s testimony was
arguably cumulative, it was harmless. See People v Smith, 456 Mich 543, 555 (1998)
(“[T]he fact that [a] statement was cumulative, standing alone, does not automatically
result in a finding of harmless error.”). On remand, the Court of Appeals shall engage in
“an examination of the entire cause,” Lukity, 460 Mich at 495-496, and reconsider
whether it is more probable than not that any error was outcome determinative. 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.
February 3, 2017
t0131
Clerk