PEOPLE OF MI V DAMON EARL HOUSTON

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DAMON EARL HOUSTON
Docket No. 377658
LC No. 15-005480-01-FC
Christopher M. Murray
Presiding Judge
Kristina Robinson Garrett
Kathleen A. Feeney
Judges
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal,
the trial court’s August 7, 2025 order is VACATED, and the matter REMANDED for further proceedings
consistent with this order. In this matter, the trial court decided defendant’s motion for relief from judgment
at a hearing held on August 7, 2025. While we express no opinion on the merits of the motion for relief
from judgment, there were two procedural errors. First, the trial court denied the motion without explaining
its reasoning, either at the hearing or in a subsequent written order. Summarily denying a motion for relief
from judgment does not satisfy the requirement of MCR 6.504(B)(2) that the trial court provide concise
reasons for the denial. People v Kuzma, 508 Mich 912 (2021); People v Finnie, 504 Mich 968 (2019).
Second, pursuant to MCR 6.505(A), “Counsel must be appointed if the court directs that oral argument or
an evidentiary hearing be held.” In this matter, the trial court held a hearing and heard oral argument on the
motion, but defendant was unrepresented; he appeared in propria persona. That plainly violates MCR
6.505(A). On remand, the trial court must reconsider the motion and in doing so, comply with the applicable
court rules.
The motion to remand is DENIED, but without prejudice to the trial court directing that an
evidentiary hearing be held should it determine that one is necessary to resolve the matter on remand. See
MCR 6.508(C).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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