Opinion
363364
03-09-2023
People of Michigan v. William Edward Dennis
LC No. 13-009869-01-FC
Noah P. Hood Presiding Judge, Michael J. Riordan, Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion for immediate consideration is GRANTED.
The motion to remand for a Ginther hearing is DENIED without prejudice to defendant filing a similar motion or raising similar arguments on remand.
People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973).
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's July 1, 2022 order and REMAND this matter to that court for further proceedings consistent with this order. The trial court erred by relying on caselaw applying the Cress test-namely, People v Rao, 491 Mich. 271; 815 N.W.2d 105 (2012), and People v Terrell, 289 Mich.App. 553; 797 N.W.2d 684 (2010), overruled in part on other grounds by People v Grissom, 492 Mich. 296 (2012)-as a means of determining whether defendant had presented "new evidence" for purposes of the procedural bar set forth by MCR 6.502(G). See People v Swain, 499 Mich. 920 (2016) ("Cress does not apply to the procedural threshold of MCR 6.502(G)(2)"). The trial court further erred by failing to recognize that, when a Brady violation is raised as a ground for relief from judgment, the government's suppression of evidence may, standing alone, establish "good cause" for the defendant's failure to raise the Brady issue sooner. See People v Christian,__ Mich__,__;__ N.W.2d __(2022) (Docket Nos. 162354, 162355 & 162374); slip op at 26, reh den 979 N.W.2d 328 (2022). See also People v Chenault, 495 Mich. 142, 152; 845 N.W.2d 731 (2014) ("We believe that the concerns that a diligence requirement might address are already confronted in the context of Brady's suppression requirement as well as in the Sixth Amendment's guarantee of the effective assistance of counsel."). On remand, the trial court should reconsider this matter on the merits in light of this order.
People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003).
Brady v Maryland, 373 U.S. 83; 83 S.Ct. 1194; 10 L.Ed.2d 215 (1963).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.