PEOPLE OF MI V DWAN CHATMAN

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DWAN CHATMAN
Docket No. 380458
LC No. 01-009554-01-FC
Michael F. Gadola
Presiding Judge
Stephen L. Borrello
Michael J. Riordan
Judges
The delayed application for leave to appeal is DENIED because defendant’s appellate
counsel, attorney Jeffrey D. Maynard, has failed to provide the necessary record to facilitate appellate
review. See People v Elston, 462 Mich 751, 762; 614 NW2d 595 (2000) (noting that appellants bear “the
burden of furnishing . . . a record to verify the factual basis of any argument upon which reversal [i]s
predicated”). See also MCR 7.205(E)(1) (“The application is decided on the documents filed and, in an
appeal from an administrative tribunal or agency, the certified record.”); IOP 7.205(B)(1) (“The Court
strongly recommends that the appellant file copies of relevant transcripts and pleadings because the Court
does not receive the lower court record when deciding applications for leave to appeal.”). In this instance,
counsel has failed to furnish copies of the trial transcripts. Without them, proper review of the issues
raised here is not possible. See People v Johnson, 502 Mich 541, 571; 918 NW2d 676 (2018) (holding
that “the evidence that must be taken into consideration when assessing a claim of newly discovered
evidence” under Cress1 includes both “the evidence presented at the original trial” and “the evidence that
would be presented at a new trial”) (emphasis added).
_______________________________
Presiding Judge
1 People v Cress, 468 Mich 678; 664 NW2d 174 (2003).

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