Opinion
365545
08-08-2023
People of Michigan v. John Tyrone Green
LC No. 92-007266-01-FC
Thomas C. Cameron Presiding Judge Kirsten Frank Kelly Noah P. Hood Judges
ORDER
The motion to waive fees is GRANTED for this case only. The motion to remand is DENIED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, we VACATE the Wayne Circuit Court's January 3, 2023 order and REMAND this matter to that court for further proceedings consistent with this order. The trial court erred when it "dismissed" defendant's successive motion for relief from judgment and ordered it "returned without filing in accordance with MCR 6.502(G)." Under some circumstances, a trial court has discretion to return such a motion to the filer on the basis of certain facial deficiencies. See MCR 6.502(D). But the trial court did not do so here, instead relying on an analysis of the motion's merits under MCR 6.502(G). Accordingly, the trial court should have accepted the motion for filing and then entered an order adjudicating it on the merits. See MCR 6.502(G) ("For motions filed under both (G)(1) and (G)(2), the court shall enter an appropriate order disposing of the motion."); MCR 6.508(E). On remand, the trial court should accept the disputed motion for filing, then enter an order adjudicating it on the merits.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.