Opinion
No. 129960.
March 27, 2006.
Leave to Appeal Denied.
SC: 129960, COA: 264283.
We note that relief is not prohibited by MCR 6.502(G) because this appeal does not involve the denial of a motion for relief from judgment. Rather, defendant filed a petition for deoxyrebonucleic acid (DNA) testing under MCL 770.16. However, defendant has failed to demonstrate that the DNA evidence he seeks would be material to his identity as the perpetrator under MCL 770.16(3).