Order Michigan Supreme Court
Lansing, Michigan
September 10, 2008 Clifford W. Taylor,
Chief Justice
136495 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 136495
COA: 272369
Wayne CC: 06-004272-01
ROOSEVELT THEODORE WATTS, JR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 25, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and
we REMAND this case to the Court of Appeals. Reversal of the defendant’s convictions
is not the proper remedy for the trial court’s failure to articulate its reasons for admitting
a prior conviction for impeachment on the record, as required by MRE 609(b). While
retaining jurisdiction, the Court of Appeals shall remand this case to the Wayne Circuit
Court with directions to make a record of its decision to permit impeachment of the
defendant with an armed robbery conviction. Upon completion of that analysis by the
trial court, the Court of Appeals shall consider whether the trial court abused its
discretion in admitting the prior conviction and, if not, shall also consider the other issues
raised by the defendant, but not addressed during the initial review of the case.
We do not retain jurisdiction.
KELLY, J., would deny leave to appeal.
CORRIGAN, J., would reverse the judgment of the Court of Appeals for the reasons
stated by the dissenting judge, and remand this case to the Court of Appeals for
consideration of other issues raised by the defendant.
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 10, 2008 _________________________________________
p0903 Clerk