Opinion
SC: 159912 COA: 340931
03-27-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jason Brent KEISTER, Defendant-Appellant.
Order
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, 387 N.W.2d 814 (1986), People v. Peterson , 450 Mich. 349, 537 N.W.2d 857 (1995), and People v. Thorpe , 504 Mich. 230, 934 N.W.2d 693 (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, 597 N.W.2d 130 (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.