From Casetext: Smarter Legal Research

People v. Carter

Court of Appeals of Michigan
Nov 10, 2022
No. 362067 (Mich. Ct. App. Nov. 10, 2022)

Opinion

362067

11-10-2022

People of Michigan v. Thomas Tyrone Carter


LC No. 10-013036-01-FC

Anica Letica Presiding Judge, Noah P. Hood, Kristina Robinson Garrett Judges

ORDER

The motion to waive fees is GRANTED for this case only.

The motion to remand is DENIED.

The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court committed any error warranting reversal by denying the successive motion for relief from judgment. It is somewhat unclear whether the trial court applied the test from People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003), in analyzing whether this matter was procedurally barred under MCR 6.502(G). And we are cognizant that doing so is contrary to settled precedent. See, e.g., People v Swain, 499 Mich. 920 (2016) ("Cress does not apply to the procedural threshold of MCR 6.502(G)(2)"). Regardless, we conclude that the trial court reached the correct ultimate result because defendant failed to carry his burden of demonstrating both "good cause" and "actual prejudice" under MCR 6.508(D)(3).


Summaries of

People v. Carter

Court of Appeals of Michigan
Nov 10, 2022
No. 362067 (Mich. Ct. App. Nov. 10, 2022)
Case details for

People v. Carter

Case Details

Full title:People of Michigan v. Thomas Tyrone Carter

Court:Court of Appeals of Michigan

Date published: Nov 10, 2022

Citations

No. 362067 (Mich. Ct. App. Nov. 10, 2022)