The Michigan Court of Appeals and Michigan Supreme Court upheld this procedural denial based on M.C.R. 6.508(D)(3). People v. Marshall, No. 292841 (Mich. App. Nov. 30, 2009); People v. Marshall, No. 140262 (Mich. July 26, 2010). Accordingly, this Court looks to the Michigan trial courts explained decision applying M.C.R. 6.508(D)(3).