Opinion
361199
08-25-2022
People of Michigan v. Dewayne Demetrius Ellis
LC No. 03-007448-01-FC
Thomas C. Cameron Presiding Judge Michael J. Riordan Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion to hold the application in abeyance is DENIED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application, the trial court's December 20, 2021 opinion and order is VACATED, and the matter is REMANDED for reconsideration of the motion for relief from judgment. The trial court's opinion concludes, in error, that the substantive errors asserted in defendant's motion for relief from judgment were decided against him in his prior claim of appeal. See People v Ellis, unpublished per curiam opinion of the Court of Appeals, issued April 12, 2005 (Docket No. 252368). Contrary to the trial court's decision, the issues raised in the motion for relief from judgment are distinct from those raised and decided in Docket No. 252368. As such, MCR 6.508(D)(2) does not apply, nor does the law-of-the-case doctrine. On remand, the trial court shall reconsider the motion under MCR 6.508(D)(3), and determine whether defendant has demonstrated good cause and actual prejudice under that subsection.
This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction. Presiding Judge