Opinion
No. 114518.
April 7, 2001.
June 21, 2001.
COA: 198504, St. Clair CC: 96-000416-FH
On order of the Court, leave to appeal having been granted and this case having been briefed and orally argued by counsel, the order of December 5, 2000 which granted leave to appeal is VACATED and leave to appeal is DENIED because we are no longer persuaded the questions presented should be reviewed by this Court.
Cavanagh, J., states:
I dissent from the denial of leave in this matter. The testimony of Ms. Wilson, Ms. Rickel and the conversation defendant had with the complainants all should have been admitted, and excluding it was error. When viewing these errors cumulatively, it affirmatively appears that it is more probable than not that the outcome of the case would be different because the jury did not hear defendant's entire theory of the case except from the defendant himself and closing arguments. The effect of these rulings was to deprive defendant of a case, period. I am persuaded the errors were not harmless and that defendant is entitled to a new trial.