Order Michigan Supreme Court
Lansing, Michigan
February 4, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
155973 & (21)
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement
Plaintiff-Appellee, Megan K. Cavanagh,
Justices
v SC: 155973
COA: 336328
Wayne CC: 07-012443-FC
ADRIAN MAHDEE AKRAM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 18, 2017 order
of the Court of Appeals is considered. We observe that this appeal arises from a filing
mix-up. As the defendant correctly notes, his motion reporting a fraud upon the court
was originally filed in this Court and resolved by a denial order entered February 3, 2016.
Docket No. 151817. The trial court record reveals that the defendant mailed a copy of
that motion, designated as a Supreme Court motion, to the Wayne Circuit Court.
Unfortunately, the circuit court did not recognize the designation, mistakenly treated it as
a new motion for relief from judgment under MCR subchapter 6.500, and ultimately
denied relief. Because it appears to this Court that the defendant did not intend to file the
motion in the circuit court, we VACATE all rulings arising from that misfiling, including
the Wayne Circuit Court order entered June 20, 2016, and the Court of Appeals denial
order entered April 18, 2017. The Court further notes that the defendant remains entitled
to file one motion for relief from judgment under MCR subchapter 6.500, but he is barred
from relitigating those claims already resolved by this Court’s February 3, 2016 order.
See MCR 6.502(D)(2). The motion for miscellaneous relief is DENIED.
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.
February 4, 2019
s0128
Clerk