Order Michigan Supreme Court
Lansing, Michigan
December 15, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
131686 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 131686
COA: 266593
Oakland CC: 2003-190054-FC
DAVID JAMES MATHIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 7, 2006 order of
the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting
leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of its
order. We note that the defendant filed timely post-conviction motions and did not
purport to file a motion for relief from judgment, and that the trial court did not address
the defendant’s motions under MCR 6.501 et seq. On remand, the Court of Appeals shall
reconsider whether its order properly denied the defendant’s delayed application for leave
to appeal “for failure to meet the burden of establishing entitlement to relief under MCR
6.508(D).” Within 28 days of the date of this order, the Court of Appeals shall either
reconsider the defendant’s delayed application for leave to appeal under the standard
applicable to direct appeals and decide whether it shall be granted, or submit to the Clerk
of this Court, in writing, an explanation of why its order denied leave to appeal under
MCR 6.508(D).
We retain jurisdiction.
I, Corbin R. Davis, 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.
December 15, 2006 _________________________________________
d1212 Clerk