DocketNumber： 158706
Filed Date： 9/18/2019
Status： Precedential
Modified Date： 9/21/2019
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