Opinion
359214
03-03-2022
People of Michigan v. Paul Edward Lojewski
LC No. 18-244593-FH
Michael J. Riordan, Thomas C. Cameron Judges
ORDER
Kirsten Frank Kelly, Presiding Judge
The motion to waive fees is GRANTED for this case only.
The application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment. We note that the trial court erred to the extent it held that any of the issues raised in defendant's motion for relief from judgment had been previously addressed by this Court when it decided defendant's appeal as of right in Docket No. 347111. To the extent that the trial court's opinion can be read as suggesting that a trial court does not instruct a jury regarding evidentiary matters, that is incorrect. See, e.g., People v Jenkins, 450 Mich. 249; 537 N.W.2d 828 (1995) (remanding for a new trial where the trial court failed to provide an instruction limiting the use of certain statements admitted only for impeachment purposes and not as substantive evidence). But having reviewed defendant's arguments on the merits, defendant failed to establish entitlement to relief from judgment, and thus, the trial court reached the correct result by denying the motion.