Order Michigan Supreme Court
Lansing, Michigan
October 30, 2018 Stephen J. Markman,
Chief Justice
156918 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 156918
COA: 337865
Kent CC: 05-012604-FC
MATTHEW LEE ROBINSON,
Defendant-Appellant.
_________________________________________/
By order of July 27, 2018, the prosecuting attorney was directed to answer the
application for leave to appeal the October 25, 2017 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we REMAND this case to the Court of Appeals for consideration as on leave granted.
The defendant alleges new evidence in the form of (1) the full and unredacted incident
report, which the defendant claims was suppressed in violation of Brady v Maryland, 373
US 83 (1963); and (2) statements from two suspects identified in that report, including a
confession from one of the suspects. Under MCR 6.502(G)(2), a defendant may file a
second or subsequent motion for relief from judgment based on “a claim of new evidence
that was not discovered before the first such motion.” See also People v Swain, 499 Mich
920 (2016).
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.
October 30, 2018
a1022
Clerk