People of Michigan v. James C O'Neal ( 2020 )

Order Michigan Supreme Court Lansing, Michigan March 27, 2020 Bridget M. McCormack, Chief Justice 159785 & (19) David F. Viviano, Chief Justice Pro Tem Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra Plaintiff-Appellee, Richard H. Bernstein Elizabeth T. Clement v SC: 159785 Megan K. Cavanagh, Justices COA: 346673 Wayne CC: 76-002230-FC JAMES C. O’NEAL, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the April 19, 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 August 16, 2018 order of the Wayne Circuit Court dismissing the defendant’s motion for relief from judgment, and we REMAND this case to the trial court for reconsideration of that motion. The trial court dismissed the defendant’s motion as successive under MCR 6.502(G). However, the motion is not prohibited by MCR 6.502(G) because the defendant’s prior motion for relief from judgment was filed before August 1, 1995. Further, in determining whether the alleged grounds for relief were previously decided against the defendant, the trial court shall note that the defendant raises ineffective assistance of counsel claims in his current motion that were not raised previously. The motion to remand for an evidentiary hearing 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. March 27, 2020 b0323 Clerk