People of Michigan v. Isaac James Rodgers ( 2019 )


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  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    September 18, 2019                                                                                Bridget M. McCormack,
    Chief Justice
    158706                                                                                                  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: 158706
    COA: 343720
    Oakland CC: 2007-215475-FC
    ISAAC JAMES RODGERS,
    Defendant-Appellant.
    _________________________________________/
    On order of the Court, the application for leave to appeal the September 19, 2018
    order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of
    granting leave to appeal, we REMAND this case to the Court of Appeals for
    consideration, as on leave granted, of whether: (1) this Court’s decision in People v
    Comer, 
    500 Mich. 278
    (2017), constituted a retroactive change in the law such that an
    exception to the ban on successive motions for relief from judgment applies, MCR
    6.502(G)(2); (2) the Oakland Circuit Court lacked jurisdiction, under Comer, to amend
    the January 14, 2008 judgment of sentence on its own initiative, after entry, to add
    lifetime electronic monitoring; and (3) if Comer does not constitute a retroactive change
    in the law, but the trial court lacked jurisdiction to amend the judgment of sentence, the
    defendant is entitled to relief on his successive motion for relief from judgment or relief
    is barred by MCR 6.502(G).
    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 18, 2019
    p0911
    Clerk
    

Document Info

Docket Number: 158706

Filed Date: 9/18/2019

Precedential Status: Precedential

Modified Date: 9/21/2019