Order Michigan Supreme Court
Lansing, Michigan
September 25, 2009 Marilyn Kelly,
Chief Justice
137852 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 137852
COA: 277172
Saginaw CC: 05-025881-FC
JERMEY JERMAINE LLOYD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 13, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for
reconsideration of: (1) whether the error in admitting the 911 call set forth in exhibit 20
was constitutional in nature; (2) if so, whether the Court of Appeals therefore erred in
failing to apply the “harmless beyond a reasonable doubt” standard that is applied to
preserved constitutional error, Chapman v California, 386 US 18 (1967); and (3) if the
incorrect standard was applied, whether the prosecutor has established the error was
harmless beyond a reasonable doubt. People v Blackmon, 477 Mich 1125 (2007).
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.
September 25, 2009 _________________________________________
p0922 Clerk