COA: 212690, Wayne CC: 97-005169
On order of the Court, the delayed application for leave to appeal from the June 20, 2000 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302, in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on rehearing granted. The Court of Appeals found error in the admission of a police officer's testimony relating the content of an anonymous phone tip identifying the defendant as the perpetrator of the assault but concluded the error was harmless because the improperly admitted testimony was not outcome determinative, citing People v Lukity, 460 Mich. 484, 496 (1999). The court apparently did not consider the constitutional aspect of defendant's claim that the admission of this evidence violated his rights of confrontation and to a fair trial. However, the record indicates that the defendant did not properly preserve the constitutional argument in the trial court. On REMAND, the Court of Appeals shall address the defendant's constitutional claim under the standard for unpreserved constitutional error set forth in People v Carines, 460 Mich. 750 (1999). In all other respects, the application is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Cavanagh and Kelly, JJ., would grant leave to appeal.