PEOPLE OF MI V TIMOTHY L BARNES

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V TIMOTHY L BARNES
Docket No. 381300
LC No. 02-010098-01-FC
Andrew J. Lievense
Presiding Judge
Philip P. Mariani
Mariam S. Bazzi
Judges
The motion to waive fees is GRANTED for this case only.
The application for leave to appeal is DENIED. Defendant, who has filed multiple motions
for relief from judgment in the past, filed two postjudgment motions, one titled as a motion to “set aside
or modify” his judgment of sentence, and the other as a motion for a new trial. The trial court deemed
these to be successive motions for relief from judgment and explained that MCR 6.502(G) barred relief in
both instances. Because defendant has exhausted the usual appellate process, he may only challenge his
convictions and sentences under the procures of subchapter 6.500 of the Court Rules. MCR 6.501; People
v McSwain, 259 Mich App 654, 678; 676 NW2d 236 (2003). Defendant argues that the trial court erred
by recharacterizing the motions without following the procedures of MCR 6.502(D). However, the plain
language of that court rule states that the procedures at issue only apply to what would otherwise be a pro
se defendant’s first motion for relief from judgment. The procedures of MCR 6.502(D) do not apply in
this case because the motions at issue, once recharacterized, would still be successive motions for relief
from judgment. The trial court correctly applied MCR 6.502(G) to the motions, and also correctly
concluded that MCR 6.502(G) bars relief.
_______________________________
Presiding Judge
August 14, 2026
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date
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