Opinion
361365
09-20-2022
People of Michigan v. Jermaine Stevenson
LC No. 92-000249-01-FH
Kirsten Frank Kelly Presiding Judge, Anica Letica Noah P. Hood Judges
ORDER
The motion to waive fees is GRANTED for this case only. The motions to supplement the application and to amend the application are DENIED.
Pursuant to MCR 7.205(E)(2), the trial court's April 19, 2022 opinion and order is VACATED IN PART, and the matter REMANDED for reconsideration. The first issue raised in defendant's motion for relief from judgment asserted that the recorder's court lacked subject-matter jurisdiction because the crimes did not occur in the City of Detroit. The trial court's opinion addresses a wholly different jurisdictional claim which was not raised in this motion. Accordingly, the trial court's analysis of this first jurisdictional issue is vacated. On remand, the trial court shall decide the issue raised by defendant: whether, given the location of the crime, the recorder's court lacked subject-matter jurisdiction. In all other respects, the delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the successive motion for relief from judgment. MCR 6.502(G).
The motion for bond pending appeal is DENIED.
This order shall have immediate effect. MCR 7215(F)(2). We do not retain jurisdiction.