Opinion
SC: 156412 COA: 338953
10-25-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Demarcus Johnquez SMITH, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the August 23, 2017 order 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, however, that the Jackson Circuit Court's order, from which the defendant appeals, only denied the defendant's motion for preliminary jury instructions. That order did not rule on any request for final instructions. Therefore, the order does not prohibit the defendant from presenting evidence at trial and requesting final jury instructions on affirmative defenses. Before closing arguments, the trial court must evaluate whether the defendant has produced "some evidence from which the jury can conclude that the essential elements" of affirmative defenses are present and determine if the jury must be instructed on the defenses. People v . Lemons , 454 Mich 234, 246, 562 N.W.2d 447 (1997) ; see also MCR 2.512(D)(2) and MCR 2.513(N)(1).