People of Michigan v. Jvion Brown

Order Michigan Supreme Court

Lansing, Michigan August 2, 2019 Bridget M. McCormack,

Chief Justice David F. Viviano, Chief Justice Pro Tem

159504

Stephen J. Markman

Brian K. Zahra Richard H. Bernstein

PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement

Plaintiff-Appellee, Megan K. Cavanagh,

Justices v SC: 159504

COA: 347144 Wayne CC: 18-001746-FC JVION BROWN,

Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the March 12, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J. (concurring).

I concur in the denial of leave to appeal but write separately to note that defendant has raised a claim of actual innocence in this Court that was not raised below. Defendant states he has new evidence in support of this claim, but he has not offered it. I note the denial is without prejudice to defendant’s right to file a motion for relief from judgment pursuant to MCR Subchapter 6.500 that may include the issue.

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.

August 2, 2019 s0730

Clerk