People of Michigan v. Calvin Terrance Cameron

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 2, 2021 Bridget M. McCormack, Chief Justice

162079 & (15) 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: 162079 COA: 354314 Saginaw CC: 98-015150-FC

CALVIN TERRANCE CAMERON, Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for stay is DENIED. The application for leave to appeal the September 3, 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 REVERSE the Saginaw Circuit Court’s March 5, 2020 order and we REMAND this case to that court for reconsideration of the defendant’s successive motion for relief from judgment under MCR 6.504(B). On remand, the trial court shall accept the defendant’s pleadings and resolve the motion on the merits. Moreover, because it appears that the defendant raised a different claim of new evidence in a 2019 motion for relief from judgment, the trial court may also consider that evidence in ruling on the defendant’s current motion. People v Johnson, 502 Mich 541, 577 n 17 (2018).

We do not retain jurisdiction.

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 2, 2021

t0526 Clerk