Order Michigan Supreme Court
Lansing, Michigan
October 25, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156412 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 156412
COA: 338953
Jackson CC: 16-004815-FH
DEMARCUS JOHNQUEZ SMITH,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the August 23, 2017
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
We note, however, that the Jackson Circuit Court’s order, from which the
defendant appeals, only denied the defendant’s motion for preliminary jury instructions.
That order did not rule on any request for final instructions. Therefore, the order does not
prohibit the defendant from presenting evidence at trial and requesting final jury
instructions on affirmative defenses. Before closing arguments, the trial court must
evaluate whether the defendant has produced “some evidence from which the jury can
conclude that the essential elements” of affirmative defenses are present and determine if
the jury must be instructed on the defenses. People v Lemons, 454 Mich 234, 246 (1997);
see also MCR 2.512(D)(2) and MCR 2.513(N)(1).
I, Larry S. Royster, 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.
October 25, 2017
a1023
Clerk