Opinion
371197
11-15-2024
PEOPLE OF MICHIGAN v. BERNARD KELLY
LC No. 04-010768-01-FC.
Kirsten Frank Kelly, Presiding Judge, Kathleen Jansen, Anica Letica, Judges.
ORDER
The motion to waive fees is GRANTED for this case only. The motion for immediate consideration is GRANTED.
The motions to remand for an evidentiary hearing, for postconviction discovery, to remand for a hearing pursuant to Franks v Delaware, 438 U.S. 154; 98 S.Ct. 2674; 57 L.Ed.2d 667 (1978), to remand for a hearing pursuant to People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973), to appoint counsel, and to remand to correct errors are 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. We note that the challenged decision does erroneously suggest that certain issues concerning a federal district court order were decided against defendant on direct appeal. No such issues were raised or decided on direct appeal. And, it does appear that the circuit court misunderstood the relationship between the Detroit Police Department's investigation and the involvement of the Federal Bureau of Investigation. But defendant ultimately failed to establish entitlement to relief from judgment. The federal district court order and other documentation do not show that any false statements were made in the warrant affidavits that resulted in the challenged search warrants. The remaining issues fail to survive the procedural bar of MCR 6.502(G), and in addition, the claims concerning an investigator's affidavit and medical records would also be barred by MCR 6.508(D)(2). This Court will not reverse where the trial court reaches the correct result, albeit for incorrect reasons. People v Hawkins, 340 Mich.App. 155, 195;985 N.W.2d 853X2022).
Jansen, J., concurs only in denying the application for leave to appeal.