PEOPLE OF MI V DARIUS DAVION RUSH

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DARIUS DAVION RUSH
Docket No. 380477
LC No. 12-001081-01-FC
Kathleen A. Feeney
Presiding Judge
Stephen L. Borrello
Sima G. Patel
Judges
The motion to waive fees is GRANTED for this case only.
The application for leave to appeal is DENIED. Defendant previously filed a motion for
relief from judgment under subchapter 6.500 of the Court Rules, which was denied in 2019. Defendant
then filed the present motion for relief from judgment, but in an apparent effort to avoid the limitations of
MCR 6.502(G), asserted it was filed under MCR 2.612. The trial court appropriately construed the motion
as a successive motion for relief from judgment subject to the provisions of subchapter 6.500 of the Court
Rules. That is because the procedures of subchapter 6.500 of the Court Rules are the exclusive means for
a defendant to challenge his or her judgment of sentence after exhausting the ordinary appellate process.
MCR 6.501; People v McSwain, 259 Mich App 654, 678; 676 NW2d 236 (2003).
The motion to remand for an evidentiary hearing is DENIED.
_______________________________
Presiding Judge

-- 1 of 1 --