People of Michigan v. Ledura Watkins ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 6, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
152361 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152361
COA: 327106
Wayne CC: 75-008084
LEDURA WATKINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 26, 2015
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave, we VACATE the August 26, 2015 order of the Court of Appeals and
REMAND this case to the Wayne Circuit Court for reconsideration, under MCR
6.508(D), of Issues I and II of the defendant’s motion for relief from judgment. The
circuit court erred in applying People v Cress, 468 Mich. 678 (2003), to an analysis of
whether the defendant’s motion was improperly successive under MCR 6.502(G). See
People v Swain, 499 Mich. 920 (2016). Cress does not apply to the procedural threshold
of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant
satisfy all elements of the test. In Issues I and II, the defendant provided “a claim of new
evidence that was not discovered before the first” motion for relief from judgment, MCR
6.502(G)(2).
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.
September 6, 2016
s0829
Clerk