Opinion
Nos. 132250.
May 4, 2007.
Appeal from the Court of Appeals No. 268628.
Summary Dispositions May 4, 2007.
The motion for immediate consideration is granted. The motions for reconsideration or clarification of this Court's April 4, 2007, order is considered, and it is granted. We vacate our order dated April 4, 2007. On reconsideration, the application for leave to appeal the September 15, 2006, order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall included among the issues to be considered: (1) whether the error that occurred is constitutional in nature; (2) whether the Court of Appeals, on direct appeal, therefore erred in failing to apply the "harmless beyond a reasonable doubt" standard that is applied to preserved federal constitutional error, Chapman v California, 386 US 18; 87 S Ct 824; 17 L Ed 2d 705 (1967); (3) if so, whether the errors committed at trial were harmless beyond a reasonable doubt; (4) whether the defendant has shown good cause for failing to raise these issues on direct appeal; and (5) if so, whether defendant has shown actual prejudice and is therefore entitled to postappeal relief under MCR 6.508(D)(3). We do not retain jurisdiction.