People of Michigan v. Lorinda Irene Swain ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
May 18, 2016 Robert P. Young, Jr.,
Chief Justice
150994 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Joan L. Larsen,
Justices
v SC: 150994
COA: 314564
Calhoun CC: 2001-004547-FC
LORINDA IRENE SWAIN,
Defendant-Appellant.
____________________________________/
On order of the Court, leave to appeal having been granted and the briefs and oral
arguments of the parties having been considered by the Court, we REVERSE the
February 5, 2015 judgment of the Court of Appeals and we REMAND this case to the
Calhoun Circuit Court for proceedings consistent with its judgment ordering a new trial.
The Court of Appeals erred in applying People v Cress, 468 Mich. 678 (2003), to an
analysis of a successive motion filed pursuant to MCR 6.502(G)(2). 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. The Court of Appeals erred in
failing to give proper deference to the specific findings of the trial court that the
defendant was entitled to a new trial. 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), and we conclude that the trial court did not abuse its discretion in ordering a
new trial on the facts of this case. In light of this disposition, we decline to address the
other issues presented in our order granting leave to appeal.
We do not retain jurisdiction.
MCCORMACK, J., not participating because of her prior involvement in this case as
counsel for a party.
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.
May 18, 2016
t0511
Clerk