People of Michigan v. Chester Larvell Starnes Jr

• Court: Michigan Supreme Court
• Decided: May 6, 2020
• Docket: 160496
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 6, 2020 Bridget M. McCormack, Chief Justice

160496 & (11)(15) David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 160496 COA: 349096 Ingham CC: 14-000164-FH CHESTER LARVELL STARNES, JR., Defendant-Appellant.

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On order of the Court, the motion to supplement authority is GRANTED. The application for leave to appeal the October 1, 2019 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 March 29, 2019 order of the Ingham Circuit Court, and we REMAND this case to the circuit court for further proceedings. The defendant’s 2017 motion was improperly recharacterized as a motion for relief from judgment. The motion for relief from judgment in this case is the defendant’s first such motion, so he is not subject to the successive-motion bar of MCR 6.502(G). On remand, pursuant to MCR 6.502(D), the circuit court shall either return the motion to the defendant or adjudicate it as his first motion for relief from judgment. The motion to appoint counsel is DENIED.

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. May 6, 2020 a0429 Clerk