PEOPLE OF MI V ANDREW BERNARD KEITH

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V ANDREW BERNARD KEITH
Docket No. 377002
LC No. 13-003211-01-FC
Christopher M. Murray
Presiding Judge
Kristina Robinson Garrett
Kathleen A. Feeney
Judges
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED. Defendant filed a motion in the
trial court titled as a “motion for relief from judgment, restoration of appellate rights, pursuant to MCR
6.428.” The trial court treated it as a successive motion for relief from judgment and denied it, while also
noting that defendant was not entitled to restoration of appellate rights where he had an appeal in this
Court from his judgment of sentence. See People v Keith, unpublished order of the Court of Appeals,
entered March 8, 2016 (Docket No. 331240). Defendant asserts in this application that the trial court erred
by treating his motion as a motion for relief from judgment when in fact it was a motion to restore appellate
rights under MCR 6.428.
To the extent the motion was filed under MCR 6.428, it was correctly denied, as defendant
had an appeal in this Court taken from his judgment of sentence with the assistance of appointed counsel.
He thus was not “denied the right to appellate review or the appointment of counsel due to errors by the
defendant’s prior attorney or the court, or other factors outside the defendant’s control . . . .” MCR 6.428.
To the extent the trial court viewed the motion as a motion for relief from judgment, we find no error by
the trial court in that regard, as defendant titled the motion as a motion for relief from judgment. Defendant
has also failed to demonstrate that the trial court erred by denying the motion to the extent it sought relief
from judgment. Accordingly, the delayed application is denied.
_______________________________
Presiding Judge
November 20, 2025

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