Other acts evidence admitted under MCL 768.27a; People v. Watkins; MRE 403; Use of a forensic interviewer’s testimony; People v. Thorpe

In an order in lieu of granting leave to appeal, the court vacated Parts II and III-F of the Court of Appeals judgment (see e-Journal # 70453 in the 5/24/19 edition) and remanded the case to the Court of Appeals for reconsideration of issues relating to other acts evidence and the prosecution’s use of a forensic interviewer’s testimony. It directed the Court of Appeals to determine on remand whether (1) the admission of other acts evidence under MCL 768.27a and Watkins may have confused jurors about “the nature of the charged acts, and if so, whether the potential for confusion of the issues substantially outweighed the evidence’s probative value” and (2) the prosecution’s use of the forensic interviewer’s testimony entitled defendant to a new trial under Thorpe. It denied leave to appeal in all other respects because it was not persuaded that it should review the remaining questions presented.