Order Michigan Supreme Court
Lansing, Michigan
July 9, 2021 Bridget M. McCormack,
Chief Justice
162352 & (25) Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch,
Plaintiff-Appellee, Justices
v SC: 162352
COA: 350998
Kalamazoo CC: 2000-000751-FC
FLOYD CLEO CHAMBERS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 15, 2020
order of the Court of Appeals is considered, and it is DENIED, because the defendant has
failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The
motion for appointment of counsel is DENIED.
CAVANAGH, J. (concurring).
I concur in the denial of leave to appeal because I think granting an evidentiary
hearing is premature at this point. However, the document defendant offers indicates that
prosecutors declined to seek a warrant against someone because the complainant had
indicated that that person was not the one who had threatened her. The document is
incomplete, and we do not know whom it refers to. If the document refers to defendant,
then there may be evidence that defendant was not the person who threatened the
complainant. If the document refers to someone else, then there may be an additional
suspect. In either case, further corroboration might entitle defendant to an evidentiary
hearing.
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.
July 9, 2021
t0706
Clerk
People of Michigan v. Floyd Cleo Chambers
Combined Opinion