Opinion
357094
08-10-2021
People of Michigan v. Tommie Lee Seymore
LC No. 90-008641-01-FC
Kirsten Frank Kelly Presiding Judge, Thomas C. Cameron, Anica Letica JudgesORDER
The motion to hold the application in abeyance is DENIED as moot, the complaint in Docket No. 356376 having been dismissed.
The motion to file a supplemental brief is GRANTED.
In lieu of granting the delayed application, the Court orders, pursuant to MCR 7.205(E)(2), that the July 9, 2020 and November 4, 2020 orders of the Wayne Circuit Court denying defendant's motion for relief from judgment hereby are VACATED. We REMAND this case to the trial court to appoint counsel for defendant if necessary and for an evidentiary hearing on the defendant's motion for relief from judgment. The trial court must consider the newly discovered evidence in light of the evidence adduced at trial. People v Grissom, 492 Mich. 296, 321; 821 N.W.2d 50 (2012). The court must assess whether the testimony from the evidentiary hearing could be found credible by a reasonable juror to determine if the newly discovered evidence would make a different result probable on retrial. People v Johnson, 502 Mch 541, 567; 918 N.W.2d 676 (2018).
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.