Opinion
362320
12-02-2022
People of Michigan v. Kamal Sydney Kittrell
LC No. 04-008675-01-FC
Anica Letica Presiding Judge Noah P. Hood Kristina Robinson Garrett Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's June 14, 2022 order denying defendant's motion for relief from judgment and REMAND this matter to that court for further proceedings consistent with this order. The circuit court erred by failing to address defendant's claims of actual innocence and by failing to recognize that "[t]he court may waive the 'good cause' requirement of subrule (D)(3)(a) if it concludes that there is a significant possibility that the defendant is innocent of the crime." See MCR 6.508(D)(3). The circuit court also failed to specifically (and adequately) address each of defendant's several Brady1 arguments, failing to state sufficient findings of fact and conclusions of law to permit meaningful appellate review in that regard. See People v Gatiss, 486 Mich. 960 (2010). In particular, we are troubled by the circuit court's failure to address defendant's Brady arguments concerning his former codefendant, Raphael Cortez Ferguson, and the evidence regarding Ferguson's plea-based conviction for carrying a concealed weapon. On remand, the circuit court should reconsider defendant's motion for relief from judgment in light of the foregoing.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.