Opinion
SC: 159259 COA: 344396
04-17-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Deandre Sadderl VICK, Defendant-Appellant.
Order
By order of October 3, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the December 7, 2018 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Kent Circuit Court’s June 4, 2018 order denying relief from judgment on the basis of the affidavit of Kenneth Jackson, and we REMAND this case to the trial court for reconsideration of the defendant’s motion under MCR 6.504(B). On remand, the trial court shall determine whether the new evidence presented in that affidavit is credible and whether the impact of the new evidence, in conjunction with the evidence that would be presented on retrial, which would include newly discovered evidence presented in previous motions for relief from judgment, would make a different result probable on retrial. People v. Johnson , 502 Mich. 541, 566-567, 571, 918 N.W.2d 676 (2018). In all other respects, leave to appeal is DENIED, because the defendant’s motion for relief from judgment is prohibited by MCR 6.502(G). The motion to appoint counsel is DENIED.