Order Michigan Supreme Court
Lansing, Michigan
January 23, 2019 Bridget M. McCormack,
Chief Justice
158154 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement
Plaintiff-Appellee, Megan K. Cavanagh,
Justices
v SC: 158154
COA: 334614
Saginaw CC: 15-041847-FC
DOMINIQUE ARNETT RAMSEY, JR.,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the April 24, 2018
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 Court of Appeals judgment
reversing the Saginaw Circuit Court’s March 3, 2016 decision to grant a new trial on
grounds that the verdict was against the great weight of the evidence, and we REMAND
this case to the Court of Appeals for consideration as on reconsideration granted. The
Court of Appeals held that the trial court had abused its discretion in granting a new trial
“for the same reasons” as it erred in deciding that the evidence was insufficient to convict
the defendant of conspiracy, and found that “the record evidence did not preponderate
against the jury’s verdict to the extent that a miscarriage of justice has occurred.” Though
there may be sufficient evidence to convict when the evidence is viewed in the light most
favorable to the prosecutor, that does not render a decision on the great weight of the
evidence an abuse of discretion. See People v Lemmon, 456 Mich 625, 633-635 (1998).
On remand, the Court of Appeals shall determine whether the decision to grant a new trial
was within the range of principled outcomes in light of the trial court’s finding that the jury
verdict resulted in a miscarriage of justice. MCR 6.431(B). 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.
January 23, 2019
p0116
Clerk
People of Michigan v. Dominique Arnett Ramsey Jr
Combined Opinion