PEOPLE OF MI V BRIAN PAUL VIAU
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 23, 2010
Plaintiff-Appellee,
v
No. 287303
Ontonagon Circuit Court
LC Nos. 08-000007-FH
08-000008-FH
BRIAN PAUL VIAU,
Defendant-Appellant.
Before: K.F. Kelly, P.J., and Jansen and Zahra, JJ.
K. F. Kelly, P.J. (concurring.)
I concur in the result to affirm. Even assuming, as the majority finds, that defendant’s
statement to Jason Clinesmith that he would “like to take a bat to the blanking Prosecutor” was
improperly admitted, any err was harmless. As noted by the majority, weight of the other
evidence adduced was overwhelming and defendant fails to establish that the complained of
error resulted in the conviction of an actually innocent defendant or seriously compromised the
fairness, integrity, or public reputation of the judicial proceedings. People v Carines, 460 Mich
750, 763; 597 NW2d 130 (1999).
/s/ Kirsten Frank Kelly
-1-
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