PEOPLE OF MI V TARANADA CARSON JR

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V TARANADA CARSON JR
Docket No. 379050
LC No. 14-005836-01-FC
Brock A. Swartzle
Presiding Judge
Thomas C. Cameron
Christopher M. Trebilcock
Judges
The motion to waive fees is GRANTED for this case only.
The motion to appoint counsel is DENIED.
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. We note that the trial
court’s order describes defendant’s motion as a successive motion, and indicates that defendant’s first
such motion was denied on August 12, 2019. This Court directed that the motion denied in the August
19, 2019 order not be deemed a motion for relief from judgment in any future case. People v Carson Jr,
unpublished order of the Court of Appeals, entered April 8, 2020 (Docket No. 352584). The order
appealed in the present application was not a successive motion for relief from judgment; rather, it is
properly considered defendant’s first such motion, subject to the provisions of MCR 6.508(D). That said,
the trial court’s order actually adjudicated the motion under MCR 6.508(D)(3). And, as the trial court
explained, defendant failed to demonstrate good cause or actual prejudice. The trial court thus correctly
denied the motion for relief from judgment. Any error in the trial court’s description of the motion was
harmless.
_______________________________
Presiding Judge

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