Opinion
SC: 157934 COA: 336902
10-30-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Steven Anthony FISHER, Defendant-Appellant.
Order
On order of the Court, the motion to deem the late-filed application for leave to appeal timely is DENIED. Under some circumstances, the Court may "enter an order permitting a document to be deemed filed nunc pro tunc on the date of the unsuccessful transmission." Administrative Order 2014-23, 497 Mich. cxxviii (2014). But such relief is warranted only where the moving party proves "to the court’s satisfaction that ... the transmission failed because of the failure of the TrueFiling system to process the electronic document or because of the court’s computer system’s failure to receive the document." Id . at cxxix. A contemporaneous review of the TrueFiling system and the Court’s computer system showed that both were operational at the time of the defendant’s transmission. The defendant’s assertions and speculations to the contrary do not prove to the Court’s satisfaction that either the TrueFiling system or the Court’s computer system caused an unsuccessful transmission. Accordingly, the defendant is not entitled to the relief requested.