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A Better Partnership
March 26, 2009

MSC Order List: March 25, 2009

On March 25, 2009, the Michigan Supreme Court denied three applications for leave to appeal, held one case in abeyance until a decision is rendered in Bush v. Shabahang, and denied one motion for a waiver of fees in a civil action against the Ingham County Circuit Judge. The court also took substantive action in one criminal case, People v. Gonzales. This case is discussed after the jump.

In People v. Gonzales, in lieu of granting leave to appeal, the Court reversed the Saginaw Circuit Court's order denying the defendant's request for production of his trial records. The Court remanded the case back to the circuit court for production of these records under MCR 6.433(C). The Court of Appeals had denied the defendant's application for leave to appeal. MCR 6.433(C) allows an indigent defendant who is ineligible to file an appeal of right or an application for leave to appeal to obtain trial records and documents from the sentencing court. Although the Court noted that the circuit court did not err in denying the defendant's request under the court rules, the Court concluded that the circuit court's order merely delayed the defendant obtaining the records through an inevitable, meritorious request. A copy of the court's order can be found here.

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