PEOPLE OF MI V JOHN PAUL TOVAR

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V JOHN PAUL TOVAR
Docket No. 378298
LC No. 07-029831-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 for an evidentiary hearing is DENIED.
The motion to file a brief in excess of the page limit is GRANTED.
Pursuant to MCR 7.205(E)(2) and MCR 7.216(A)(7), and in lieu of granting the delayed
application for leave to appeal, the May 19, 2025 order denying defendant’s motion for relief from
judgment is VACATED and the case is REMANDED for reconsideration of defendant’s motion for relief
from judgment. Defendant asserted claims involving ineffective assistance of appellate counsel, which
could amount to good cause, see People v Kimble, 470 Mich 305, 314 (2004); People v Reed, 449 Mich
375, 389-392 (opinion by BOYLE, J.), and a claim involving new evidence, which could also constitute
good cause, see People v Johnson, 502 Mich 541, 565 (2018). On reconsideration, the trial court shall
reexamine whether defendant adequately argued ineffective assistance of appellate counsel and new
evidence as good cause for his failure to raise his claims of error earlier. See MCR 6.508(E). While
engaging in this analysis, and contrary to the trial court’s order suggesting otherwise, defendant is not
required to show “good cause” for the delay in bringing a motion for relief from judgment under MCR
6.500. If the court determines that defendant established good cause under MCR 6.508(D)(3)(a) for his
failure to raise one or more claims of error, the trial court shall individually address whether defendant
established actual prejudice as to those claims. See MCR 6.508(D)(3)(b).
We do not retain jurisdiction.
_______________________________
Presiding Judge

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