Opinion
364640
05-30-2023
People of Michigan v. J W Hollins
LC No. 83-002541-01-FC
Anica Letica Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's November 30, 2022 order and REMAND this matter to that court for further proceedings consistent with this order. Because defendant's successive motion for relief from judgment raised a challenge purportedly implicating the trial court's subject-matter jurisdiction, the procedural bar set forth by MCR 6.502(G) was inapplicable, at least as to the jurisdictional challenge. See People v Washington, 508 Mich. 107, 131-132; 972 N.W.2d 767 (2021). Thus, rather than rejecting defendant's motion and returning it to him without filing, the trial court should have accepted the motion for filing and then entered an order adjudicating it on the merits. See MCR 6.504(B)(2); MCR 6.508(E). On remand, after permitting defendant to refile the disputed motion, the trial court should accept the motion for filing and decide it on the merits.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.