Opinion
SC 162352 COA 350998
07-09-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. FLOYD CLEO CHAMBERS, Defendant-Appellant.
Kalamazoo CC: 2000-000751-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the October 15, 2020 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). The motion for appointment of counsel is DENIED.
Cavanagh, J. (concurring).
I concur in the denial of leave to appeal because I think granting an evidentiary hearing is premature at this point. However, the document defendant offers indicates that prosecutors declined to seek a warrant against someone because the complainant had indicated that that person was not the one who had threatened her. The document is incomplete, and we do not know whom it refers to. If the document refers to defendant, then there may be evidence that defendant was not the person who threatened the complainant. If the document refers to someone else, then there may be an additional suspect. In either case, further corroboration might entitle defendant to an evidentiary hearing.