Opinion
358942
01-04-2022
People of Michigan v. Johnathon Michael McMahen
LC No. 14-004782-01-FC
Cynthia Diane Stephens Presiding Judge, Kirsten Frank Kelly, Michael J. Riordan Judges
ORDER
Cynthia Diane Stephens Presiding Judge
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment. We note that the trial court misapplied MCR 6.508(D)(3). While it is true that defendant could have raised all of his challenges in his appeal as of right, MCR 6.508(D)(3) permits review of such challenges if the defendant demonstrates both good cause and actual prejudice. The trial court failed to address whether defendant demonstrated good cause or actual prejudice. However, having reviewed defendants challenges, defendant has ultimately failed to establish good cause or actual prejudice under MCR 6.508(D)(3), and thus, the trial court reached the correct result by denying the motion for relief from judgment.