Opinion
360940
07-21-2022
People of Michigan v. Jimmie Gordon
LC No. 04-011268-01-FC
Michael J. Riordan Presiding Judge Christopher M. Murray Kristina Robinson Garrett Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Wayne Circuit Court's October 12, 2021 order is VACATED and this matter is REMANDED to that court for further proceedings consistent with this order. The circuit court erred by holding that the preclusion doctrine of res judicata is applicable in the instant context. See People v Herrera, 204 Mich.App. 333, 340; 514 N.W.2d 543 (1994). On remand, the circuit court shall reconsider defendant's successive motion for relief from judgment without relying on res judicata.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.