People of Michigan v. Christopher Wayne Stokes ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
November 16, 2017 Stephen J. Markman,
Chief Justice
152500 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 152500
COA: 321303
Wayne CC: 13-007518-FC
CHRISTOPHER WAYNE STOKES,
Defendant-Appellant.
_________________________________________/
By order of May 25, 2016, the application for leave to appeal the September 8,
2015 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos.
152946-8). On order of the Court, the cases having been decided on July 24, 2017, 500
Mich 453 (2017), the application is again considered. Pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE Part II.A. of the Court of Appeals opinion
addressing jury deliberations. Assuming arguendo that the juror experiment constituted
an improper extraneous influence on the jury, given that the juror did not share the results
of his experiment with the other jurors, it did not create “a real and substantial possibility
that [it] could have affected the jury’s verdict.” People v Budzyn, 456 Mich 77, 88-89
(1997). In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should be reviewed by this Court.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
November 16, 2017
p1115
Clerk