Error even if not outcome determinative

In People v Harris, ___ Mich ___ (#145833, 12/20/2013) the Michigan Supreme Court held that “[t]he 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.”

On remand to the Court of Appeals, the Court is to determine whether the defendant was prejudiced by the admission of the doctor’s diagnosis under both the plain error test articulated in People v Carines, 460 Mich 750, 763-764 (1999), and the ineffective assistance of counsel standard. People v Toma, 462 Mich 281, 302-303 (2000), quoting People v Mitchell, 454 Mich 145, 167 (1997). See, also, Strickland v Washington, 466 US 668, 694; 104 S Ct 2052; 80 L Ed 2d 674 (1984) (“The result of a proceeding can be rendered unreliable, and hence the proceeding itself unfair, even if the errors of counsel cannot be shown by a preponderance of the evidence to have determined the outcome.”).