378151•PEOPLE OF MI V DASHAWN MARTISE CARTER
Full text
Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DASHAWN MARTISE CARTER
Docket No. 378151
LC No. 15-000411-FC
Adrienne N. Young
Presiding Judge
Mark T. Boonstra
Andrew J. Lievense
Judges
The motion to waive fees is GRANTED for this case only.
The motion to remand 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.
_______________________________
Presiding Judge
Young, J would vacate and remand for the trial court to again consider this successive motion for relief
from judgment. It appears from this record that the trial court blended two distinct aspects of the requisite
analysis—the procedural hurdles of MCR 6.502 with the substantive hurdles of MCR 6.508. I would
instead vacate and remand to ensure Mr. Carter gets the proper process he is due under our court rules.
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