People v. Haines

I do not find error requiring reversal in this case and would affirm defendant’s conviction. I agree with the majority on the first two issues raised and disagree with their conclusion on the third issue.

The test for whether erroneous testimony or argument admitted at a criminal jury trial without objection constitutes error requiring reversal is whether a miscarriage of justice would result. People v Lytal, 96 Mich App 140, 154; 292 NW2d 498 (1980). I find that a proper instruction would have cured any error in this case and that no miscarriage of justice occurred.

In presenting the case in…