People of Michigan v. Brandon James Harbison ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
October 13, 2017 Stephen J. Markman,
Chief Justice
155501 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 155501
COA: 326105
Allegan CC: 13-018686-FC
BRANDON JAMES HARBISON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 26, 2017
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment
concerning the testimony of Dr. N. Debra Simms, and we REMAND this case to that
court for reconsideration in light of People v Peterson, 450 Mich. 349 (1995). 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.
We do not retain jurisdiction.
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 13, 2017
p1010
Clerk