Opinion
Docket No. 149423. COA No. 313621.
12-12-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Greggory Lamont McNUTT, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the April 15, 2014 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. We note that, contrary to the Court of Appeals holding, trial counsel did not affirmatively waive the defendant's request for specific instructions by making a record that the judge had declined to give the instructions as requested and concluding his remarks with, “Thank you, Your Honor.” Contrast People v. Kowalski, 489 Mich. 488, 504–505, 803 N.W.2d 200 (2011). However, we conclude that, regardless of whether the defendant waived review of the jury instructions, the instructions did not result in outcome-determinative error.