Opinion
Docket No. 143630.COA No. 296631.
2012-04-18
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Johnny Allen HARRIS, Defendant–Appellant.
Prior report: Mich.App., 2011 WL 3299860.
Order
On order of the Court, the application for leave to appeal the August 2, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals. An expert witness may not testify that sexual abuse occurred. People v. Beckley, 434 Mich. 691, 456 N.W.2d 391 (1990); People v. Peterson, 450 Mich. 349, 537 N.W.2d 857 (1995). The trial court impermissibly allowed Dr. Carrie Ricci to testify that the complainant was the victim of child sexual abuse and trial counsel was ineffective for failing to object to this evidence. People v. Toma, 462 Mich. 281, 613 N.W.2d 694 (2000). We REMAND this case to the Court of Appeals. On remand, the Court of Appeals shall determine whether the defendant was prejudiced by the admission of the doctor's diagnosis and whether the defendant is entitled to a new trial. Id. at 303–304, 613 N.W.2d 694.
We do not retain jurisdiction.