Motion for relief from judgment; Analysis of whether a motion is successive under MCR 6.502(G); People v Swain; People v Cress

In an order in lieu of granting leave to appeal the Court of Appeals order denying defendant’s delayed application for leave to appeal, the court vacated that order and remanded the case to the trial court for reconsideration of his motion for relief from judgment. It held that the trial court erred in applying Cress in analyzing whether the motion was successive under MCR 6.502(G). “Cress does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court rule does not require that a defendant satisfy all elements of the test.”