People of Michigan v. Jason Brent Keister ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 27, 2020 Bridget M. McCormack,
Chief Justice
159912 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159912
COA: 340931
Van Buren CC: 2016-020783-FC
JASON BRENT KEISTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 16, 2019
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
holding that the admission of the expert testimony of Dr. Angela May was not plain error.
Her testimony was plainly contrary to People v Smith, 425 Mich. 98 (1986), People v
Peterson, 450 Mich. 349 (1995), and People v Thorpe, 504 Mich. 230 (2019). We
REMAND this case to the Court of Appeals for consideration of whether the prejudice
prong of the plain-error test was satisfied, and, if so, whether reversal of the defendant’s
convictions is warranted. See People v Carines, 460 Mich. 750, 763-764 (1999). 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.
March 27, 2020
t0323
Clerk