Order Michigan Supreme Court
Lansing, Michigan
January 11, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
134922 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 134922
COA: 269919
Ingham CC: 05-000749-FC
MONTREAL DARNELL CHRISTIAN-BATES,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 13, 2007
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 for reconsideration. On remand, the
Court of Appeals shall address whether the trial judge’s admitted error in cutting off
defense counsel’s closing argument was harmless, taking into consideration that the
defendant admitted shooting at the victim, the only question for the jury was the
defendant’s intent, and the defendant was convicted of the lesser offense of assault with
intent to do great bodily harm.
We do not retain jurisdiction.
CAVANAGH, J., would deny 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.
January 11, 2008 _________________________________________
d0108 Clerk