PEOPLE OF MI V KANYE WOODS

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V KANYE WOODS
Docket No. 380769
LC No. 26-000072-01-FC
Andrew J. Lievense
Presiding Judge
Philip P. Mariani
Mariam S. Bazzi
Judges
The application for leave to appeal is DENIED because defense counsel has failed to
provide the necessary record to facilitate appellate review. See People v Elston, 462 Mich 751, 762; 614
NW2d 595 (2000) (observing that appellants bear “the burden of furnishing . . . a record to verify the
factual basis of any argument upon which reversal [i]s predicated”). See also MCR 7.205(E)(1) (“The
application is decided on the documents filed and, in an appeal from an administrative tribunal or agency,
the certified record.”); IOP 7.205(B)(1) (“The Court strongly recommends that the appellant file copies of
relevant transcripts and pleadings because the Court does not receive the lower court record when deciding
applications for leave to appeal.”). Specifically, the defense has failed to furnish a copy of the disputed
video recording, which was introduced into evidence at the preliminary examination and viewed by the
district court. Without a copy of that video, we are unable to properly analyze the sole issue raised on
appeal. See People v Henderson, 282 Mich App 307, 312-313; 765 NW2d 619 (2009) (“In reviewing the
bindover decision, a circuit court must consider the entire record of the preliminary examination and may
not substitute its judgment for that of the district court. . . . This Court also reviews the bindover decision
de novo to determine whether the district court abused its discretion.”) (citations omitted).
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date
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