Michigan v. Barnes

In 2002, defendant Timothy Barnes was convicted of second-degree murder and other offenses. On direct appeal, the Court of Appeals affirmed his convictions, and the Michigan Supreme Court denied leave to appeal. In 2008, defendant moved in the trial court for relief from judgment. The trial court denied the motion. The Court of Appeals and the Supreme Court again denied leave to appeal. Defendant filed another motion for relief from judgment, arguing that, because his sentence was imposed when the legislative sentencing guidelines were mandatory, he should be resentenced now that the Michigan Supreme Court has in Michigan v Lockridge, 870 NW2d 502 (2015), the guidelines were advisory only. Ordinarily, successive motions for relief from judgment were barred by MCR 6.502(G)(1), and the Supreme Court found the trial court denied defendant’s motion on that basis. On appeal, defendant argued the trial court erred and that his motion fell within one of the exceptions in MCR 6.502(G)(2), which allows a “subsequent motion [for relief from judgment] based on a retroactive change in law that occurred after the first motion for relief from judgment . . . .” The Supreme Court determined Lockridge did not have retroactive effect for sentences receiving collateral review under MCR 6.500, and so affirmed. View "Michigan v. Barnes" on Justia Law