Order Michigan Supreme Court
Lansing, Michigan
December 12, 2012 Robert P. Young, Jr.,
Chief Justice
145969 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 145969
COA: 305017
Saginaw CC: 10-034573-FC
DAVARRIO DEONTE WEBB,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals to the extent that the Court of Appeals vacated the defendant’s convictions. We
do not disturb the Court of Appeals determination that the lack of an expert witness
deprived the defendant of an opportunity to present a defense to the charged crimes, or its
ruling that the defendant is entitled to funds to retain a DNA expert. However, the error
in denying funds may have been harmless and, at this point in the proceedings, it would
be premature to vacate the defendant’s convictions before the results of independent
DNA testing are known. We REMAND this case to the Saginaw Circuit Court for
further proceedings not inconsistent with this order. The trial court shall provide funds
sufficient to permit the defendant to obtain independent DNA testing. Testing shall
proceed forthwith, and the results shall be provided to both parties as soon as reasonably
possible. Within 56 days of receiving the test results, the defendant may seek further
relief, if appropriate, in the trial court.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
December 12, 2012 _________________________________________
p1205 Clerk