Opinion
362946
02-14-2023
People of Michigan v. Kevin Smith
LC No. 15-010161-01-FC
Noah P. Hood Presiding Judge Michael J. Riordan Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion requesting additional time to cure defects is DENIED AS MOOT, the defects noted in this Court's September 12, 2022 and October 7, 2022 correspondence having since been cured.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the circuit court's June 16, 2022 order denying the motion for relief from judgment is VACATED, and the matter REMANDED for reconsideration. The trial court's opinion incorrectly holds that MCR 6.508(D)(2) bars relief because the substantive issues raised in the application were decided by this Court on direct appeal in People v Smith, unpublished per curiam opinion of the Court of Appeals, issued October 3, 2019 (Docket No. 336247). The issues raised in the motion for relief from judgment were not raised or decided in that prior appeal. Accordingly, the circuit court erred by deciding the motion under MCR 6.508(D)(2). On remand, the circuit court shall reconsider the motion, applying the framework of MCR 6.508(D)(3), to determine whether defendant is entitled to relief from judgment.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.