Opinion
Docket No. 147487. COA No. 312244.
2014-01-29
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Roger Brian HESS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 28, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for an evidentiary hearing on the defendant's motion for relief from judgment. The trial court abused its discretion in denying the defendant's motion for relief from judgment based on MCR 6.502(G) without assessing whether the newly discovered evidence would make a different result probable on retrial. People v. Cress, 468 Mich. 678, 682, 664 N.W.2d 174 (2003). On remand, if the trial court so finds, the defendant's motion for a new trial shall be granted.
We do not retain jurisdiction.