Opinion
No. 122579.
May 29, 2003.
COA: 241847, Wayne CC: 94-010112-01
On order of the Court, the delayed application for leave to appeal the September 9, 2002 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
Cavanagh and Kelly, JJ., would remand the case to the Wayne Circuit Court for an evidentiary hearing on defendant's claim that he is entitled to a new trial on the basis of newly discovered evidence.