Opinion
360035
05-18-2022
People of Michigan v. John Allen Alexander
LC No. 11-001669-01-FH
Christopher M. Murray Presiding Judge, Anica Letica Judge
ORDER
Kristina Robinson Garrett Judge
The motion to waive fees is GRANTED for this case only.
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED for failure to persuade the Court of the existence of manifest error requiring reversal and warranting peremptory relief without argument or formal submission.
The delayed application for leave to appeal is DENIED for lack of merit in the grounds presented. As the trial court explained, defendant had no pending motion for relief from judgment to supplement or amend at the time he filed a motion under MCR 6.502(F). Thus, the motion was improper. However, we note that after his motion to amend or supplement was denied, defendant attempted to file a successive motion for relief from judgment, which was returned without filing by the trial court on January 7, 2022. Effective May 1, 2021, the former procedure of MCR 6.502(G)(1) allowing a trial court to return successive motions for relief from judgment without filing was eliminated. See ADM File 2019-35. Trial courts are now required to enter an order disposing of successive motions for relief from judgment. MCR 6.502(G). We leave it to the trial court to determine how to address its error in returning defendant's successive motion for relief from judgment without filing.