Opinion
SC: 160496 COA: 349096
05-06-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Chester Larvell STARNES, Jr., Defendant-Appellant.
Order
On order of the Court, the motion to supplement authority is GRANTED. The application for leave to appeal the October 1, 2019 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 March 29, 2019 order of the Ingham Circuit Court, and we REMAND this case to the circuit court for further proceedings. The defendant’s 2017 motion was improperly recharacterized as a motion for relief from judgment. The motion for relief from judgment in this case is the defendant’s first such motion, so he is not subject to the successive-motion bar of MCR 6.502(G). On remand, pursuant to MCR 6.502(D), the circuit court shall either return the motion to the defendant or adjudicate it as his first motion for relief from judgment. The motion to appoint counsel is DENIED.
We do not retain jurisdiction.