Opinion
361497
06-15-2022
People of Michigan v. Sammie Lamont Davis
LC No. 2019-004225-FH
Jane E. Markey, Douglas B. Shapiro Judges
ORDER
David H. Sawyer, Presiding Judge
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Court PEREMPTORILY REVERSES the May 12, 2022 bench ruling of the Berrien Circuit Court, VACATES the May 12, 2022 order effectuating that ruling, and REMANDS this matter to the circuit court for entry of an order denying the prosecutor's motion in limine. The circuit court abused its discretion when it excluded evidence that decedent's chronic alcoholism contributed to the cause of death. The prosecutor did not object to the pathologist presenting evidence of contributing causes of death. In fact, the prosecutor only sought permission to instruct the pathologist to substitute the term "chronic illnesses" when referring to the contributing causes of death. She did so because she was concerned that the jury might rely on the finding of chronic alcoholism to conclude that decedent, and not defendant, proximately caused the motor vehicle-bicycle accident. This is highly unlikely because the pathologist did not make any finding that decedent was intoxicated at the time of the accident or at the time of death. The pathologist simply found that the chronic alcoholism contributed in some way to decedent's death several months after the accident. A simple jury instruction can be devised to inform the jury that they may not consider the evidence of chronic alcoholism to conclude that decedent caused the motor vehicle-bicycle accident. The prosecutor's rationale for exclusion conflates intoxication with alcoholism.
The stay imposed by this Court on May 27, 2022 is LIFTED.
We do not retain jurisdiction. This order has immediate effect. MCR 7.215(F)(2).