Order Michigan Supreme Court
Lansing, Michigan
April 18, 2012 Robert P. Young, Jr.,
Chief Justice
143630 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143630
COA: 296631
Oakland CC: 2009-225570-FC
JOHNNY ALLEN HARRIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 2, 2011
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. An expert witness may not testify that sexual abuse occurred. People v
Beckley, 434 Mich 691 (1990); People v Peterson, 450 Mich 349 (1995). The trial court
impermissibly allowed Dr. Carrie Ricci to testify that the complainant was the victim of
child sexual abuse and trial counsel was ineffective for failing to object to this evidence.
People v Toma, 462 Mich 281 (2000). We REMAND this case to the Court of Appeals.
On remand, the Court of Appeals shall determine whether the defendant was prejudiced
by the admission of the doctor’s diagnosis and whether the defendant is entitled to a new
trial. Id. at 303-304.
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.
April 18, 2012 _________________________________________
t0411 Clerk
People of Michigan v. Johnny Allen Harris
Combined Opinion