Opinion
361221
08-05-2022
People of Michigan v. John Mark Jeffries
LC No. 09-012420-01-FC
Thomas C. Cameron Presiding Judge Michael J. Riordan Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Wayne Circuit Court's December 20, 2021 order is VACATED and this matter is REMANDED to that court for further proceedings consistent with this order. The circuit court erred by relying on the doctrine of res judicata and the collateral-attack doctrine as bases for denying a motion for relief from judgment. See People v Edwards, 465 Mich. 964 (2002); 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 consideration of such doctrines.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction. Presiding Judge