Opinion
359158
01-31-2022
People of MI v. Ty-Ron Steven Anderson
LC No. 14-010853-01-FC
Cynthia Diane Stephens Presiding Judge Kirsten Frank Kelly Michael J. Riordan Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The delayed 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 was incorrect to again state that res judicata was in any way applicable to the issues raised in defendant's motion for relief from judgment. People v Ty-Ron Steven Anderson, unpublished per curiam order of the Court of Appeals, entered April 17, 2020 (Docket No. 352451) ("The trial court erred in applying the principle of res judicata to preclude defendant from raising his claims of ineffective assistance of counsel . . ."). But notwithstanding the fact that the trial court again erroneously held that res judicata precluded relief in this case, the trial court addressed the merits of defendant's claims and concluded that defendant had not established entitlement to relief. Defendant has not established that, in evaluating the merits of his claims, the trial court erred in denying the motion for relief from judgment.