return of the computer to his employer and (2) defendant’s participation in an Internet club that traded in child sexually abusive material. While it may be possible that the jury could have failed to reach unanimity here, the issue has not been raised by defendant and is not before our Court. Additionally, as Chief Justice TAYLOR notes, this issue is unpreserved. Defendant neither requested a unanimity instruction nor objected to the instructions given. An unpreserved constitutional error comes within the standard of review articulated in People v Carines, 460 Mich 750, 763-765; 597 NW2d 130 (1999). As the Chief Justice noted when he listed the requirements for showing that a plain error occurred that affected a substantial right, the defendant bears the evidentiary burden. Id. at 763 (<HOLDING>). However, defendant has not established
holding that the plaintiffs have the burden of proof and persuasion as to the existence of standing holding that the burden of persuasion by a preponderance of the evidence remains with the movant holding that an assertion of prejudice is not a showing of prejudice holding plaintiff to his burden of persuasion on appeal of summary judgment recognizing that the burden of persuasion for a showing of prejudice was on the defendant