Order Michigan Supreme Court
Lansing, Michigan
March 28, 2018 Stephen J. Markman,
Chief Justice
155518 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Justices
Plaintiff-Appellee,
v SC: 155518
COA: 336572
Wayne CC: 12-007031-FC
CHARLES ROBERT TAYLOR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 7, 2017 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 Court of Appeals March 7, 2017 order of
dismissal and we REMAND this case to that court for reconsideration of the defendant’s
delayed application for leave to appeal. On remand, while retaining jurisdiction, the
Court of Appeals shall REMAND this case to the Wayne Circuit Court for further
proceedings. We note that the circuit court record is incomplete and in disarray. First,
the file contains the defendant’s timely submitted motion for rehearing of the circuit
court’s February 9, 2016 order denying the defendant’s first motion for judgment relief
under MCR subchapter 6.500, but there is no order resolving the motion for rehearing.
Second, the file contains the defendant’s timely submitted motion for reconsideration of
the court’s April 26, 2016 order denying the defendant’s successive motion for relief
from judgment, but there is no order resolving the motion for reconsideration. It appears
that as a result of these errors by the circuit court, the Court of Appeals erred in
dismissing as untimely filed the defendant’s delayed application for leave to appeal from
the Wayne Circuit Court’s February 9 and April 26, 2016 orders. See MCR
7.205(G)(3)(b). On remand, the Wayne Circuit Court shall resolve the defendant’s
motions, and forward copies of those orders to the parties and the Court of Appeals,
which shall then reconsider the defendant’s delayed application for leave to appeal.
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 28, 2018
s0321
Clerk