Opinion
357803
09-03-2021
People of Michigan v. Daniel Alberto Hernandez-Diaz
LC No. 06-004359-02-FC
Thomas C. Cameron Anica Letica Judges
ORDER
KIRSTEN FRANK KELLY PRESIDING JUDGE
The motion to waive fees is GRANTED for this case only.
The motion to remand is DENIED.
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the successive motion for relief from judgment. MCR 6.502(G). We note, however, that the trial court's opinion reflects some legal misunderstandings. First, it appears that the trial court was unaware that the United States Supreme Court's decision in Miller v Alabama, 567 U.S. 460; 132 S.Ct. 2455; 183 L.Ed.2d 407 (2012), applies retroactively to cases on collateral review, Montgomery v Louisiana, 577 U.S. 190; 136 S.Ct. 718; 193 L.Ed.2d 599 (2016). While this Court and the Michigan Supreme Court had held otherwise in People v Carp, 298 Mich.App. 472; 828 N.W.2d 685 (2012), affd 496 Mich. 440 (2014), those decisions were overruled by Montgomery, 577 U.S. 190. Second, the trial court also conducted its own analysis and determined that People v Lockridge, 498 Mich. 358; 870 N.W.2d 502 (2015), is not retroactive to cases on collateral review. That conclusion is correct- as was explained by the Michigan Supreme Court in 2018. People v Barnes, 502 Mich. 265; 917 N.W.2d 577 (2018). With that said, the trial court ultimately did not err in denying the successive motion for relief from judgment because the motion was not premised on a retroactive change in the law that would apply to defendant or a claim of new evidence. MCR 6.502(G).