June 12, 2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
CHRISTOPHER LEE JOHNSON, Defendant-Appellant
COA: 317206. Kent CC: 12-009542-FH.
Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.
On order of the Court, the application for leave to appeal the January 15, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment discussing the admissibility of prior act evidence under MRE 404(b)(1) and the prosecution's alleged failure to comply with MRE 404(b)(2). We agree with the Court of Appeals, however, that to the extent there was any plain error in the admission of this challenged evidence under MRE 404(b), it did not require reversal because the other evidence of the defendant's guilt was overwhelming. See People v Carines, 460 Mich. 750, 763-764; 597 N.W.2d 130 (1999). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.