Opinion
365022
07-10-2023
People of Michigan v. Clois Anthony Bell
LC Nos. 06-010684-FH; 06-010766-FH; 06-010767-FH; 06- 011123-FH.
Brock A. Swartzle, Presiding Judge, Stephen L. Borrello, Allie Greenleaf Maldonado Judges.
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the trial court's order of October 31, 2022, and we REMAND the case to the trial court for reconsideration of defendant's successive motion for relief from judgment. The trial court erred in applying People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003), to an analysis of whether defendant has overcome the procedural threshold for filing a successive motion for relief from judgment pursuant to MCR 6.502(G)(2). See People v Wagle, 508 Mich. 950 (2021); People v Swain, 499 Mich. 920 (2016). Although the trial court did not cite Cress, the court's reasoning reflects an application of one or more of the Cress factors. "Cress does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant satisfy all elements of the test." Wagle, 508 Mich. at 950.
The motion to remand is DENIED AS MOOT. We do not retain jurisdiction. Swartzle, P.J., would deny the delayed application for leave to appeal.