PEOPLE OF MI V DIONTE ODELL LAVINGTON

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DIONTE ODELL LAVINGTON
Docket No. 379790
LC No. 17-006791-01-FC
Allie Greenleaf Maldonado
Presiding Judge
Christopher M. Trebilcock
Mariam S. Bazzi
Judges
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED because defendant has failed to
establish that the trial court erred in denying the motion for relief from judgment. The trial court was
sitting as the fact finder. One of its tasks in that role is to evaluate the credibility of witnesses. Defendant
chose to be a witness. The trial court quite reasonably commented on his demeanor and overall credibility.
People v Parkinson, 348 Mich App 565, 574; 19 NW3d 174 (2023) (this Court does not interfere with the
fact-finder’s credibility determinations after a bench trial). To the extent the delayed application also
includes requests to remand for an evidentiary hearing and to appoint counsel, those requests, which
should have been filed as separate motions, are DENIED.
_______________________________
Presiding Judge

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