Order Michigan Supreme Court
Lansing, Michigan
April 4, 2007 Clifford W. Taylor,
Chief Justice
132250 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132250
COA: 268628
Wayne CC: 98-005154
ROY BLACKMON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 15, 2006
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted. The Court of Appeals shall include among the issues
to be considered: (1) whether the Court of Appeals, on direct appeal, erred in failing to
apply the “harmless beyond a reasonable doubt” standard that is applied to preserved
federal constitutional error, Chapman v California, 386 US 18; 87 S Ct 824; 17 L Ed 2d
705 (1967); (2) if so, whether the errors committed at trial were harmless beyond a
reasonable doubt; and (3) whether the defendant is entitled to postappeal relief under
MCR 6.508(D)(3).
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 4, 2007 _________________________________________
p0328 Clerk