Order Michigan Supreme Court
Lansing, Michigan
November 3, 2005 Clifford W. Taylor,
Chief Justice
129397 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: 129397
COA: 245099
Van Buren CC: 00-011976-FC
JUNIOR FRED BLACKSTON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 18, 2005
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
REMAND this case to that court for reconsideration of the issue whether the trial court’s
error, if any, in excluding the statements in question was harmless beyond a reasonable
doubt. The court should fully evaluate the harmless error question by considering the
volume of untainted evidence in support of the jury verdict, not just whether the
declarants were effectively impeached with other inconsistent statements at the first trial.
If the court concludes that the error was harmless, it should consider defendant’s
remaining allegations of error.
We do not retain jurisdiction.
CAVANAGH and KELLY, JJ., 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.
November 3, 2005 _________________________________________
p1031 Clerk