Opinion
358172
12-27-2021
People of Michigan v. Myron Gregory Jessie
LC No. 16-005646-01-FC
Kirsten Frank Kelly, Michael J. Riordan Judges
ORDER
Cynthia Diane Stephens, Presiding Judge
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court's February 18, 2021 opinion and order is VACATED, and the matter REMANDED for reconsideration of defendant's motion for relief from judgment. The trial court failed to address defendant's claim that the $60 DNA assessment was improper in light of MCL 28.176(3). The trial court incorrectly concluded that defendant's assertions of prosecutorial error (misconduct) were raised previously and thus barred by MCR 6.508(D)(2). No such claims were raised in defendant's appeal as of right, and defendant has not filed a prior motion for relief from judgment. The trial court must evaluate these claims, and the related claims of ineffective assistance of trial counsel, under MCR 6.508(D)(3). With regard to defendant's other claims of ineffective assistance, the trial court's generic statement that defendant's constitutional rights were protected does not address the substance of the arguments raised, and does not satisfy the trial court's obligation to set forth a concise statement of the reasons for denial as is required by MCR 6.504(B)(2). See People v Kuzma, 962 N.W.2d 446 (Mich, 2021); People v Finnie, 504 Mich. 968 (2019). The trial court shall also reconsider whether defendant has established good cause under MCR 6.508(D)(3)(a).
The motion to remand for an evidentiary hearing is DENIED, but without prejudice to the trial court's ability to order that an evidentiary hearing be held pursuant to MCR 6.508(C), should the court deem that necessary to resolve the motion.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.