Opinion
No. 137852.
September 25, 2009.
Appeal from the Court of Appeals No. 277172.
Actions on Applications for Leave to Appeal from the Court of Appeals.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for reconsideration of: (1) whether the error in admitting the 911 call set forth in exhibit 20 was constitutional in nature; (2) if so, whether the Court of Appeals therefore erred in failing to apply the "harmless beyond a reasonable doubt" standard that is applied to preserved constitutional error, Chapman v California, 386 US 18 (1967); and (3) if the incorrect standard was applied, whether the prosecutor has established that the error was harmless beyond a reasonable doubt. People v Blackmon, 477 Mich 1125 (2007). We do not retain jurisdiction.