Opinion
365312
07-07-2023
People of Michigan v. Maurice Jones
LC No. 79-007182-01-FC
Christopher M. Murray Presiding Judge Michael J. Riordan Elizabeth L. Gleicher Judges
ORDER
The motion to accept defendant's pro se pleadings "as-is" is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application, the trial court's January 27, 2023 order is VACATED, and the matter REMANDED for further proceedings consistent with this order. The trial court's order, citing an outdated version of MCR 6.502(G), returned defendant's successive motion for relief from judgment without filing. Effective May 1, 2021, MCR 6.502(G) was amended to eliminate the provision allowing for the return of successive motions, and to eliminate the language prohibiting an appeal from the denial or rejection of a successive motion. 507 Mich. clxxvii-clxxviii. As the staff comment to this amendment explains, the rule now "requires all such motions to be submitted to the assigned judge, and requires a trial court to issue an order when it rejects or denies relief." 507 Mich. clxxviii. The trial court erred by returning defendant's motion without filing. Further, defendant asserts that his motion raised a jurisdictional issue. While we do not opine on the merits of defendant's motion or whether it truly raises an issue concerning the court's subject-matter jurisdiction, if the trial court did lack subject-matter jurisdiction, "MCR 6.501 does not limit a trial court's ability to recognize a subjectmatter jurisdiction error and remedy it." People v Washington, 508 Mich. 107, 131; 972 N.W.2d 767 (2021). On remand, the trial court shall accept defendant's motion for filing and adjudicate the motion in accordance with the current version of MCR 6.502(G), and with the understanding that while "MCR 6.502(G)(2) does not contain an exception for jurisdictional errors," that would not prohibit the trial court from vacating the judgment of sentence should it determine that the court lacked subject-matter jurisdiction. Washington, 508 Mich. at 131-132.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.