Opinion
361059
07-28-2022
People of Michigan v. Ronald Bishop Thompson
LC No. 10-008679-01-FC
Michael J. Riordan Presiding Judge Christopher M. Murray Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the trial court's April 18, 2022 order is VACATED, and the matter REMANDED for reconsideration of the successive motion for relief from judgment. The trial court concluded that defendant's motion failed to overcome the procedural bar of MCR 6.502(G) because certain transcripts are not new evidence. However, the transcripts were prepared in October 2020. The trial court assumed that the same transcripts were available to defendant when his appeal as of right was pending, based on certain pleadings filed by counsel at that time. But those pleadings do not clearly demonstrate whether the transcripts, which contain a plea offer defendant alleges was not conveyed to him by counsel, were actually prepared at any point before October 2020. Further, this Court's records in defendant's claim of right in Docket No. 305760 do not indicate that the transcripts at issue were provided to this Court. On remand, the trial court shall review the entire record to determine if transcripts at issue were actually prepared at any point before October 2020, and then determine whether the transcripts prepared in October 2020 amount to new evidence under MCR 6.502(G). If the court concludes that the transcripts are new evidence, the court shall then determine whether defendant is entitled to relief from judgment under MCR 6.508(D), Lafler v Cooper, 566 U.S. 156; 132 S.Ct. 1376; 182 L.Ed.2d 398 (2012), and Missouri v Frye, 566 U.S. 134; 132 S.Ct. 1399; 182 L.Ed.2d 379 (2012).
This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.