People of Michigan v. Leon David Finnie Jr

Order Michigan Supreme Court
Lansing, Michigan
September 27, 2019 Bridget M. McCormack,
Chief Justice
159192 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 159192 Megan K. Cavanagh,
Justices
COA: 345271
Calhoun CC: 2012-003481-FC
LEON DAVID FINNIE, JR.,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 28, 2018
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the March 27, 2018 order of the Calhoun Circuit
Court denying the defendant’s motion for relief from judgment, and we REMAND this
case to the trial court for reconsideration of that motion. The trial court’s stated basis for
denying the motion was that “the defendant’s motion is without merit.” However, the order
failed to “include a concise statement of the reasons for the denial,” as required by MCR
6.504(B)(2).
We do not retain jurisdiction.
MARKMAN, J. (dissenting).
Whereas this Court presumably satisfies its obligation under Const 1963, art 6, § 6
to provide the “reasons for each denial of leave to appeal” by issuing a general statement
that “we are not persuaded that the questions presented should be reviewed by this Court,”
I discern no principled reason why the trial court’s statement that “the defendant’s motion
is without merit” does not similarly satisfy its obligation under MCR 6.504(B)(2) to
“include a concise statement of the reasons for the denial.” Because I would not hold the
trial court to a higher or different standard than that to which we hold ourselves, I
respectfully dissent and would instead deny leave to appeal.
ZAHRA, J., joins the statement of MARKMAN, J.
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 27, 2019
b0924
Clerk