Opinion
358956
01-12-2022
People of Michigan v. Kyle Frederick Wilkerson
LC No. 10-003123-01-FC.
Cynthia Diane Stephens Presiding Judge, Kirsten Frank Kelly, Michael J. Riordan Judges.
ORDER
The Court orders that the motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the Wayne Circuit Court's April 20, 2021 order denying defendant's motion for relief from judgment is VACATED and this matter is REMANDED for further proceedings consistent with this order. The circuit court erred by holding that res judicata barred defendant from raising certain claims of error, including claims of ineffective assistance of appellate counsel, in his motion for relief from judgment. See MCR 6.508(D)(3); People v Herrera, 204 Mich.App. 333, 340; 514 N.W.2d 543 (1994) (holding that the preclusion doctrines of res judicata and collateral estoppel are inapplicable in the instant context because a motion for relief from judgment "does not involve a separate action"). On remand, the circuit court shall consider and decide the merits of those issues that it previously held to be precluded by res judicata.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.