Order Michigan Supreme Court
Lansing, Michigan
September 18, 2019 Bridget M. McCormack,
Chief Justice
158706 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158706
COA: 343720
Oakland CC: 2007-215475-FC
ISAAC JAMES RODGERS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 19, 2018
order of the Court of Appeals is considered. 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, of whether: (1) this Court’s decision in People v
Comer, 500 Mich 278 (2017), constituted a retroactive change in the law such that an
exception to the ban on successive motions for relief from judgment applies, MCR
6.502(G)(2); (2) the Oakland Circuit Court lacked jurisdiction, under Comer, to amend
the January 14, 2008 judgment of sentence on its own initiative, after entry, to add
lifetime electronic monitoring; and (3) if Comer does not constitute a retroactive change
in the law, but the trial court lacked jurisdiction to amend the judgment of sentence, the
defendant is entitled to relief on his successive motion for relief from judgment or relief
is barred by MCR 6.502(G).
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.
September 18, 2019
p0911
Clerk