People of Michigan v. Anthony Wayne Hubbard

• Court: Michigan Supreme Court
• Decided: June 1, 2021
• Docket: 161866
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 1, 2021 Bridget M. McCormack, Chief Justice

161866 Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 161866 COA: 353356 Jackson CC: 03-004124-FC ANTHONY WAYNE HUBBARD, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the June 29, 2020 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the June 29, 2020 order of the Court of Appeals and REMAND this case to the Jackson Circuit Court for reconsideration of the defendant’s motion for relief from judgment. The circuit court erred in applying People v Cress, 468 Mich 678 (2003), to an analysis of whether the defendant’s motion was successive under MCR 6.502(G). See People v Swain, 499 Mich 920 (2016). Cress does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant satisfy all elements of the test.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 1, 2021 a0524 Clerk