People of Michigan v. Devin Deveon Sims

Michigan Supreme Court

People of Michigan v. Devin Deveon Sims

DecidedJune 2, 2021

Docket162431

StatusPublished

This text of People of Michigan v. Devin Deveon Sims (People of Michigan v. Devin Deveon Sims) 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. Devin Deveon Sims, (Mich. 2021).

Pincite

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 2, 2021 Bridget M. McCormack, Chief Justice

162431 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: 162431 COA: 354971 Wayne CC: 15-008989-FC DEVIN DEVEON SIMS, Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the December 17, 2020 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

CAVANAGH, J. (concurring).

I concur with this Court’s denial order. I note, however, that the defendant secured an affidavit from a key prosecution witness after the trial court denied his motion for relief from judgment. As this evidence was not considered by the trial court, it is not properly before this Court on appeal. I write separately simply to point out that our denial order does not preclude the defendant from filing a successive motion for relief from judgment in the trial court asserting that he has “a claim of new evidence that was not discovered before” he filed the instant motion for relief from judgment. MCR 6.502(G)(2).

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

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Order Michigan Supreme Court Lansing, Michigan

June 2, 2021 Bridget M. McCormack, Chief Justice

162431 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: 162431 COA: 354971 Wayne CC: 15-008989-FC DEVIN DEVEON SIMS, Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the December 17, 2020 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

CAVANAGH, J. (concurring).

I concur with this Court’s denial order. I note, however, that the defendant secured an affidavit from a key prosecution witness after the trial court denied his motion for relief from judgment. As this evidence was not considered by the trial court, it is not properly before this Court on appeal. I write separately simply to point out that our denial order does not preclude the defendant from filing a successive motion for relief from judgment in the trial court asserting that he has “a claim of new evidence that was not discovered before” he filed the instant motion for relief from judgment. MCR 6.502(G)(2).

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

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Bluebook (online)

People of Michigan v. Devin Deveon Sims, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-devin-deveon-sims-mich-2021.