Opinion
Docket No. 146861. COA No. 303950.
2013-10-25
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Anthony Devonte RATCLIFF, Defendant–Appellant.
Prior report: 299 Mich.App. 625, 831 N.W.2d 474.
Order
On order of the Court, the application for leave to appeal the March 5, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment holding that the defendant's argument that his conviction was against the great weight of the evidence was unpreserved. Because this was a bench trial, the defendant was not required to file a motion to remand to preserve this issue. MCR 7.211(C)(1)(c). Relief is not warranted, however, because the evidence was not so heavily opposed to the verdict that the verdict can be said to be a miscarriage of justice. People v. Lemmon, 456 Mich. 625, 627, 576 N.W.2d 129 (1998). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.