Opinion
SC 161866 COA 353356
06-01-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANTHONY WAYNE HUBBARD, Defendant-Appellant.
Jackson CC: 03-004124-FC
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the June 29, 2020 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the June 29, 2020 order of the Court of Appeals and REMAND this case to the Jackson Circuit Court for reconsideration of the defendant's motion for relief from judgment. The circuit court erred in applying People v Cress, 468 Mich. 678 (2003), to an analysis of whether the defendant's motion was successive under MCR 6.502(G). See People v Swain, 499 Mich. 920 (2016). Cress does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant satisfy all elements of the test.