Opinion
SC: 160371 COA: 349191
02-04-2020
Edward Gordon NEWHOUSE, Plaintiff-Appellant, v. BARAGA CORRECTIONAL FACILITY WARDEN, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the October 7, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. Habeas corpus " ‘is not available to test questions of evidence....’ " Kenney v. Booker , 494 Mich. 852, 830 N.W.2d 382 (2013), quoting In re Stone , 295 Mich. 207, 212, 294 N.W. 156 (1940). The relief the plaintiff seeks requires that he file a motion for relief from judgment in the Kalamazoo Circuit Court pursuant to subchapter 6.500 of the Michigan Court Rules. To the extent the plaintiff files such a motion to present claims of actual innocence, he should provide that court with his supporting evidence, including any high-quality images that support the plaintiff’s claim that his vehicle did not match the vehicle used by the perpetrator. If high-quality images are not available to the plaintiff, but are part of the record of the case, the plaintiff should direct the court to the place in the record where the images can be viewed.