People v. Mateo

We granted leave in this case to determine the standard of review on appeal of preserved error that does not involve a constitutional claim. We hold that MCL 769.26; MSA 28.1096 does not impinge on this Court’s authority to determine practice and procedure and does not require a literal definition of miscarriage of justice. On direct review, the reviewing court is not to apply the standard for preserved constitutional error of harmless beyond a reasonable doubt, People v Anderson (After Remand), 446 Mich 392; 521 NW2d 538 (1994).

The statute is consistent with the view of the Court in…