Opinion
362502
01-13-2023
People of Michigan v. John Jerome Murriel
LC No. 06-011269-01-FC
Kirsten Frank Kelly Presiding Judge, Thomas C. Cameron, Anica Letica Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we peremptorily VACATE the Wayne Circuit Court's June 16, 2022 order and REMAND this matter to that court for further proceedings consistent with this order. The trial court erred by holding that the affidavits presented by defendant did not qualify as "newly discovered" evidence and that, as such, the court was obliged to "disregard" them. See People v Wagle, 508 Mich. 950 (2021) ("The motion for relief from judgment is based, in part, on an affidavit that was not previously presented to the trial court. Therefore, the motion is not procedurally barred under MCR 6.502(G)(1) .....); People v Johnson, 502 Mich. 541, 565; 918 N.W.2d 676 (2018) ("The newly discovered evidence claim . . . could not have been raised on appeal . . . or in a prior motion for relief from judgment because defendants did not know that Skinner saw the shooting until 2011."); People v Rao, 491 Mich. 271, 283; 815 N.W.2d 105 (2012) ("[U]nder Cress, when a defendant is aware of evidence before trial, he or she is charged with the burden of using reasonable diligence to make that evidence available and produce it at trial."). On remand, the circuit court shall reconsider defendant's successive motion for relief from judgment on the merits in light of this order.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.