Opinion
Docket Nos. 152690 152691. COA Nos. 328446 328447.
10-05-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Michael D. HARRIS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the November 4, 2015 orders of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE in part the orders entered by the Ingham Circuit Court on June 22, 2015. We VACATE that part of the orders stating, “Further, this Court will not entertain any further motions by the defendant pertaining to this specific matter. It will be considered closed and allowed no further review as of the date of this Order.” We further VACATE that part of the orders stating, “IT IS FURTHER ORDERED that pursuant to MCR 2.602(A)(3) this Court finds that this decision resolves the last pending claim and closes the above captioned case.” A judgment of conviction and sentence that is not subject to appellate review may be reviewed only in accordance with the provisions of MCR subchapter 6.500. MCR 6.501. Motions that do not substantially comply with the requirements of the court rules and successive motions for relief from judgment may be returned to the defendant under certain conditions. MCR 6.502(D) ; MCR 6.502(G)(1). But a defendant may file a second or subsequent motion for relief from judgment based on a retroactive change in law or a claim of new evidence. MCR 6.502(G)(2).
In all other respects, leave to appeal is DENIED, because the defendant's motion for relief from judgment is prohibited by MCR 6.502(G). The motion to consolidate appeals, the motion to abey, the motion to appoint counsel, the motions for remand, and the motion for clarity are DENIED.