Order Michigan Supreme Court
Lansing, Michigan
October 24, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153058 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153058
COA: 321353
Kalamazoo CC: 2012-001925-FC
CLARENCE EDWARD ROSS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 5, 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 that part of the judgment of the Court of
Appeals holding that evidence of the Dutton Street robbery was admissible under the “res
gestae exception” to MRE 404(b) and that the prosecuting attorney was not required,
pursuant to MRE 404(b)(2), to provide notice of his intent to admit that evidence. We
REMAND this case to the Court of Appeals for reconsideration in light of this Court’s
decision in People v Jackson, 498 Mich 246 (2015). 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.
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 24, 2017
s1017
Clerk
People of Michigan v. Clarence Edward Ross
Combined Opinion