Opinion
364460
05-17-2023
People of Michigan v. Roy Finley Faulkner
LC No. 76-003215-02-FC
Anica Letica Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion to file a supplemental brief is GRANTED and the supplemental brief filed with the motion is accepted.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application, the trial court's July 14, 2022 orders denying defendant's motion for relief from judgment and motion for an evidentiary hearing are VACATED, and the matter REMANDED for further proceedings consistent with this order. The trial court's vague statement that it did not believe defendant satisfied the test for newly discovered evidence stated in People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003), is inadequate to facilitate appellate review, as it is not clear what part or parts of the test the trial court found were not satisfied. And while it appears that the dispute largely centers on whether the affiants are credible, it is not clear whether the trial court made its own credibility determination, or instead, correctly applied the standard articulated by the Supreme Court in People v Johnson, 502 Mich. 541; 918 N.W.2d 676 (2018). We also conclude that in this case, it would be inappropriate to make such a credibility determination without first allowing defendant to present his witnesses at an evidentiary hearing. Accordingly, on remand, the trial court shall hold an evidentiary hearing and reconsider the motion for relief from judgment, in accordance with the Supreme Court's prior order remanding this case to the trial court, see People v Faulkner, 503 Mich. 1040 (2019), Cress, and Johnson. The trial court shall also make a record of its decision sufficient to aid appellate review.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.