People of Michigan v. Jason Brent Keister ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
July 2, 2020 Bridget M. McCormack,
Chief Justice
159912(63) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement
Plaintiff-Appellee, Megan K. Cavanagh,
Justices
v SC: 159912
COA: 340931
JASON BRENT KEISTER, Van Buren CC: 2016-020783-FC
Defendant-Appellant.
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On order of the Court, the motion for reconsideration of this Court’s March 27,
2020 order is considered. We MODIFY the order, which now states:
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
testimony from Dr. Angela May that “there was a high likelihood of abuse”
was not plain error. See People v Keister, unpublished per curiam opinion
of the Court of Appeals, issued May 16, 2019 (Docket No. 340931) at 5-6.
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.
In all other respects, the motion for reconsideration is DENIED, because we are not
persuaded that further reconsideration of our previous order is warranted. MCR
7.311(G).
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.
July 2, 2020
a0630
Clerk