Opinion
00-31.
December 6, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 6.502 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below.]
Rule 6.502 Motion for Relief From Judgment
(A) — (G) [Unchanged.]
(H) Time Requirements. No judgment or verdict shall be set aside or reversed or a new trial granted by any court of this state in any criminal case on any motion or other request for relief filed more than 1 year from the latest of (1) the date on which the judgment of conviction becomes final, which is the date upon which the Supreme Court denies leave to appeal, the time for filing for leave to appeal to the Supreme Court expires, the time for filing for rehearing from an opinion issued by the Supreme Court expires, or the Supreme Court denies rehearing;
(2) the date on which the ground for relief asserted was initially recognized by the United States Supreme Court or the Michigan Supreme Court, if that right has been newly recognized by the United States Supreme Court or the Michigan Supreme Court and made retroactively applicable to cases on collateral review; or (3) the date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence. Staff Comment: The proposed amendment of MCR 6.502 was suggested by Timothy A. Baughman, Chief of Research, Training and Appeals in the Office of the Wayne County Prosecuting Attorney. It would bring the Michigan rules into conformance with the one-year limitation that applies in federal court with regard to motions for relief from judgment on federal convictions and federal habeas corpus review of state convictions.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered, and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk by April 1, 2001. When filing a comment, please refer to our file No. 00-31.