People of Michigan v. Annie Marie Humphries

Michigan Supreme Court

People of Michigan v. Annie Marie Humphries

909 N.W.2d 259, 501 Mich. 1043

CourtMichigan Supreme Court

DecidedApril 4, 2018

DocketSC: 156327; COA: 338274

StatusPublished

This text of 909 N.W.2d 259 (People of Michigan v. Annie Marie Humphries) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Annie Marie Humphries, 909 N.W.2d 259, 501 Mich. 1043 (Mich. 2018).

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Opinion

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.

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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.

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Bluebook (online)

909 N.W.2d 259, 501 Mich. 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-annie-marie-humphries-mich-2018.