On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the July 21, 2017 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. For purposes of MCR 6.502(G)(1), the Court notes that, although the defendant's writ of coram nobis has been styled a motion for relief from judgment by the courts below, it should not be regarded as a motion for relief from judgment in any future case. Nevertheless, the trial court did not err in denying the defendant's writ of coram nobis because the writ was not sought under subchapter 6.500 of the Michigan Court Rules. MCR 6.501 provides that "a judgment of conviction and sentence entered by the circuit court not subject to appellate review under subchapters 7.200 or 7.300 may be reviewed only in accordance with the provisions of this subchapter." Defendant's direct appeal has already concluded and the instant motion challenges the validity of her judgment of conviction, and therefore, the trial court did not err in denying the motion for failing to be brought under the proper rules. Accordingly, the application for leave to appeal to the Court of Appeals was properly denied, not under the rules of MCR 6.501 et seq . (because the motion was not brought under subchapter 6.500), but, rather, due to lack of merit in the grounds presented.
People v. Humphries, 909 N.W.2d 259, 501 Mich. 1043 (2018)
April 4, 2018
·
Michigan Supreme Court
·
SC: 156327; COA: 338274
909 N.W.2d 259, 501 Mich. 1043
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Annie Marie HUMPHRIES, Defendant-Appellant.
SC: 156327
COA: 338274
Supreme Court of Michigan.
April 4, 2018
Order