People of Michigan v. Michael William Graham

• Court: Michigan Supreme Court
• Decided: January 27, 2021
• Docket: 161879
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

January 27, 2021 Bridget M. McCormack, Chief Justice

Brian K. Zahra David F. Viviano 161879 Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 161879 COA: 353816 Otsego CC: 19-005752-FH MICHAEL WILLIAM GRAHAM, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the July 24, 2020 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J., (concurring).

I concur in this Court’s order denying leave to appeal. I write separately to note that, although defendant is precluded from obtaining a plea withdrawal on direct appeal because he failed to file a motion to withdraw his plea in the trial court, MCR 6.310(C)(1); MCR 6.310(D), he may still seek a plea withdrawal based on the trial court’s failure to advise him of the possibility that his sentences would be imposed consecutively in a motion for relief from judgment, MCR 6.310(C)(2); MCR 6.508(D)(3); see also People v Warren, 505 Mich 196 (2020). I further note that this Court’s denial is a not a decision on the merits and therefore defendant is not precluded under MCR 6.508(D)(2) from seeking a plea withdrawal in a motion for relief from judgment. See People v Poole, 497 Mich 1022 (2015) (“[O]rders denying leave to appeal [are] not rulings on the merits of the issues presented.”), citing Grievance Administrator v Lopatin, 462 Mich 235, 260 (2000).

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. January 27, 2021 s0120 Clerk