Opinion
364500
05-18-2023
People of Michigan v. Jason Russell Carter
LC No. 11-006595-02-FC
Anica Letica Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Wayne Circuit Court's July 15, 2022 order is VACATED and this matter is REMANDED to that court for further proceedings consistent with this order. The trial court's analysis was erroneous in at least three clear respects.
First, at the outset of its opinion, the trial court misidentified defendant, referring to him as "Kenneth Cooper." Although this seems to have been a mere clerical oversight, we nevertheless draw it to the trial court's attention.
Second, although defendant raised a claim of actual innocence, the trial court failed to address that argument or to recognize that, under MCR 6.502(G), it had discretion to "waive the provisions of th[at] rule if it conclude[d] that there [wa]s a significant possibility that the defendant is innocent of the crime." "[F]ailure to exercise discretion when called on to do so constitutes an abdication and hence an abuse of discretion." People v Stafford, 434 Mich. 125, 134 n 4; 450 N.W.2d 559 (1990).
Finally, although the trial court specifically cited the procedural bar of MCR 6.502(G) as the basis for denying defendant's successive motion for relief from judgment, the court's supporting analysis was founded on People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003), and some of its progeny, including People v Rao, 491 Mich. 271; 815 N.W.2d 105 (2012), and People v Grissom, 492 Mich. 296; 821 N.W.2d 50 (2012). By applying the Cress test in analyzing whether defendant's motion was barred under MCR 6.502(G), the trial court erred. See, e.g., People v Swain, 499 Mich. 920 (2016) ("Cress does not apply to the procedural threshold of MCR 6.502(G)(2)").
On remand, the trial court should promptly reconsider this matter on the merits in light of this order.
In light of the foregoing, the motion to remand for an evidentiary hearing is DENIED without prejudice to defendant seeking such relief from the trial court on remand.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.