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People v. Solloway

Michigan Supreme Court Lansing, Michigan
May 24, 2019
926 N.W.2d 809 (Mich. 2019)

Opinion

SC: 158638 COA: 343238

05-24-2019

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Lee SOLLOWAY, Defendant-Appellant.


Order

On order of the Court, the application for leave to appeal the September 4, 2018 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Cass Circuit Court’s January 9, 2018 order denying relief from judgment, and we REMAND this case to that court to re-evaluate the defendant’s motion for relief from judgment, including (if the motion is not returned to the defendant) the November 29, 2018 affidavit of investigator Joseph Bruce. The circuit court erred by: (1) purporting to deny the defendant’s motion as not complying with MCR 6.502(C), when the proper relief for such a defect is, under MCR 6.502(D), either returning the motion to the defendant or adjudicating the motion on the merits notwithstanding the defect; (2) treating the defendant’s motion for relief from judgment as a successive motion; and (3) concluding that the claim of new evidence had been previously resolved against the defendant on appeal. The motions to remand for an evidentiary hearing, to expand the record, to stay, and for immediate consideration of the motion to stay are DENIED as moot.


Summaries of

People v. Solloway

Michigan Supreme Court Lansing, Michigan
May 24, 2019
926 N.W.2d 809 (Mich. 2019)
Case details for

People v. Solloway

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. TIMOTHY LEE…

Court:Michigan Supreme Court Lansing, Michigan

Date published: May 24, 2019

Citations

926 N.W.2d 809 (Mich. 2019)

Citing Cases

Solloway v. Winn

On May 24, 2019, the Michigan Supreme Court vacated the trial court's order denying the motion for relief…