Opinion

People v. Mateo

  • 453 Mich. 203
  • 551 N.W.2d 891
Court
Michigan Supreme Court
Filed
Jul 31, 1996
Status
Published
Author
Weaver
On the bench
Cavanagh, Brickley, Riley, Mallett, Weaver, Boyle
Cited by
88 cases
Authority
More cited than 5.9%

concluding that “for some types of error, such as the erroneous admission . . . of evidence, overwhelming evidence of guilt will ordinarily lead to the conclusion that the error was harmless”

How later courts described this case

  • concluding that “for some types of error, such as the erroneous admission . . . of evidence, overwhelming evidence of guilt will ordinarily lead to the conclusion that the error was harmless”
  • discussed approvingly in Lukity, and explaining, inter alia, that “courts analyzing preserved error in terms of their view regarding whether the defendant is guilty have been wrong,” as “[t]he defendant’s right to a fair trial by jury requires that preserved error be reviewed in terms of its effect on the factfinder”
  • stating that reversal is only required if the error was prejudicial
  • “The defendant’s right to a fair trial by jury requires that preserved error be reviewed in terms of its effect on the factfinder.”

Written by the judges who cited it.

The opinion

Weaver, J.

(concurring). I have signed Justice Boyle’s opinion because I believe that it is essential for this Court to establish a clear, workable standard of review for preserved, nonconstitutional error.

I write separately to state my position that MCL 769.26; MSA 28.1096 has established a presumption that this error is harmless. MCL 769.26; MSA 28.1096 provides that a judgment shall not be overturned “unless in the opinion of the court, after an examination of the entire cause, it shall affirmatively appear *222 that the error complained of has residted in a miscarriage of justice.” Thus, I would place the burden of showing why the judgment should be overturned on the defendant. This approach is consistent with the rule that after conviction a defendant is no longer presumed innocent. People v Fritch, 161 Mich 111, 115 ; 125 NW 785 (1910).

This allocation of the burden of proof has been recognized by our Courts in the past:

After a man has been convicted, the presumption of innocence, of which so much is made in our practice, attends him no longer. He has been convicted by a jury, and he has the burden of convincing . . . that the record upon which he stands convicted is open to serious question .... [Id. at 115:]

After lawful conviction a defendant is no longer presumed innocent. He then has the burden of satisfying the reviewing court that the record upon which he was convicted discloses reversible error. [People v Rowell, 14 Mich App 190, 196 ; 165 NW2d 423 (1968).]

When a defendant has pleaded guilty and appeals arguing that “the facts elicited from defendant at the arraignment [do not] support a finding of guilty, . . . defendant has the burden of showing a miscarriage of justice.” People v Davis, 24 Mich App 304, 305 ; 180 NW2d 285 (1970).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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