Order Michigan Supreme Court
Lansing, Michigan
April 20, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156776 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 156776
COA: 330759
Wayne CC: 12-003749-FH
THABO MANGEDWA JONES,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 31, 2017
judgment of the Court of Appeals is considered. 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 exclusion of the victim’s blood alcohol content was not harmless error,
and we REMAND this case to that court for reconsideration of the issue. While the
Court of Appeals identified potential consequences for defendant’s trial strategy as a
result of the exclusion of the disputed evidence, it erroneously equated such
consequences with an assessment of whether it is “more probable than not that a different
outcome would have resulted” had the evidence been admitted. People v Lukity, 460
Mich 484, 495 (1999). See MCL 769.26. While defendant’s defense strategy is one
pertinent consideration, on remand the Court of Appeals must consider it alongside the
weight and strength of the untainted evidence and the proofs as a whole. People v Lyles,
501 Mich 107, 118 (2017).
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.
April 20, 2018
s0417
Clerk