PEOPLE v. PECK, 459 Mich. 916 (1998)

589 N.W.2d 776

PEOPLE v. PECK.

No. 111258.Supreme Court of Michigan.
December 18, 1998.

Summary Disposition December 18, 1998.

In lieu of granting leave to appeal, the judgments of the Court of Appeals and the Genesee Circuit Court are reversed, and the case is remanded to the Genesee Circuit Court for a new trial for the reasons stated by the dissenting judge in the Court of Appeals. MCR 7.302(F)(1). Like the dissenting Court of Appeals judge, the Supreme Court is persuaded that the police officer’s unresponsive testimony in which he volunteered that he believed the complainant was telling the truth and that her sisters had said the same thing happened to them deprived the defendant of a fair trial. Jurisdiction is not retained. Court of Appeals No. 188494.

BOYLE, J. (dissenting).

In this case, the prosecutor asked the witness whether, in his professional opinion, the victim’s demeanor was consistent with someone who was being truthful. The witness’ answer was unresponsive and unobjected to by defense counsel. I agree with the Court of Appeals that the error was harmless and that there was no miscarriage of justice. People v. Grant, 445 Mich. 535
(1994). There was ample other evidence submitted from which the jury could conclude that the defendant sexually molested the victim, including the testimony of the victim herself.

In addition, I disagree with the Court’s peremptory action. The Court should show cause the prosecution and evaluate the response rather than acting without notice to the people.

WEAVER, J.

I join in the statement of Justice BOYLE.

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