People of Michigan v. Darrell John Wilder , 928 N.W.2d 213 ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 12, 2019 Bridget M. McCormack,
Chief Justice
159001 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 159001 Megan K. Cavanagh,
Justices
COA: 327491
Wayne CC: 14-004600-FH
DARRELL WILDER, a/k/a DARRELL
JOHN WILDER, a/k/a DARRELL J. WILDER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 27, 2018
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 Part III of the Court of Appeals opinion,
and we REMAND this case to that court for reconsideration of the defendant’s argument.
The Court of Appeals erred in asserting that the erroneously admitted testimony of
Tameachi Wilder regarding her knowledge of the defendant’s prior firearms-related
convictions was harmless due to the “untainted and unequivocal testimony” of two police
officers that they saw the defendant in possession of the gun. The Court of Appeals
failed to acknowledge that two other witnesses (Charmell Richardson and Carlos Wilder)
offered testimony that contradicted that testimony. That failure resulted in the Court of
Appeals effectively determining that the officers’ testimony was credible and that
Richardson’s and Wilder’s was not. On remand, the Court of Appeals shall engage in
“an examination of the entire cause,” People v Lukity, 460 Mich 484, 495-496 (1999),
and reconsider whether it is more probable than not that the error was outcome
determinative.
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.
June 12, 2019
t0605
Clerk