Opinion
367233
11-15-2023
People of Michigan v. Terrance Jamal Williams
LC No. 07-010617-02-FC
Anica Letica Presiding Judge Michael J. Riordan Kristina Robinson Garrett Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion for an evidentiary hearing is DENIED.
To the extent defendant seeks delayed leave to appeal the June 30, 2022 order denying his motion for relief from judgment, the delayed application is DISMISSED for lack of jurisdiction. The application was not filed within six months of the date of entry of that order. And while the application was filed within six months of the date of entry of the June 7, 2023 order denying reconsideration, defendant's application states that the motion for reconsideration was filed on July 25, 2022, more than 21 days after entry of the June 30, 2022 order. Thus, the application is untimely with respect to the June 30, 2022 order. MCR 7.205(A)(4)(a); MCR 7.205(A)(1)(b).
To the extent defendant seeks delayed leave to appeal the June 7, 2023 order, the application is DENIED. The trial court was incorrect to conclude that an affidavit in which a witness who testified at trial later recants his trial testimony represents evidence that defendant could have presented at trial. But defendant has failed to establish that this new evidence makes a different result probable on retrial, or that an evidentiary hearing is necessary. The trial court thus reached the correct result by denying the motion. See People v. Rogers, 335 Mich.App. 172, 194-195; 966 N.W.2d 181 (2020).