Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
131459 & (80)(84) 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
Cross-Appellee,
v SC: 131459
COA: 261498
Wayne CC: 03-001733
CHRISTOPHER JOHN BERNAICHE,
Defendant-Appellee/
Cross-Appellant.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the April 25, 2006 judgment of the Court of Appeals and
the application for leave to appeal as cross-appellant are considered and, pursuant to
MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE that part of the
judgment of the Court of Appeals that affirmed the trial court’s order granting the
defendant’s motion for new trial. Although the prosecutors violated their discovery
obligation by failing to disclose their expert witness’s supplemental report, the violation
amounted to harmless error. We REMAND this case to the Court of Appeals for
consideration of the issues raised by defendant in that court but not addressed, in light of
its prior disposition. Leave to appeal as cross-appellant is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
We do not retain jurisdiction.
CAVANAGH and KELLY, JJ., would deny the prosecution's application for leave to
appeal.
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.
February 1, 2008 _________________________________________
s0129 Clerk