People of Michigan v. Steven Anthony Fisher ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 30, 2019 Bridget M. McCormack,
Chief Justice
157934(45) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 157934
COA: 336902
Isabella CC: 2016-000801-FH
STEVEN ANTHONY FISHER,
Defendant-Appellant.
_____________________________________/
On order of the Court, the motion to deem the late-filed application for leave to
appeal timely is DENIED. Under some circumstances, the Court may “enter an order
permitting a document to be deemed filed nunc pro tunc on the date of the unsuccessful
transmission.” Administrative Order 2014-23, 497 Mich. cxxviii (2014). But such relief is
warranted only where the moving party proves “to the court’s satisfaction that . . . the
transmission failed because of the failure of the TrueFiling system to process the electronic
document or because of the court’s computer system’s failure to receive the document.”
Id. at cxxix. A contemporaneous review of the TrueFiling system and the Court’s computer
system showed that both were operational at the time of the defendant’s transmission. The
defendant’s assertions and speculations to the contrary do not prove to the Court’s
satisfaction that either the TrueFiling system or the Court’s computer system caused an
unsuccessful transmission. Accordingly, the defendant is not entitled to the relief
requested.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 30, 2019
b1023
Clerk