Opinion
Docket No. 149202. COA No. 318249.
2014-11-25
Order
On order of the Court, the application for leave to appeal the March 17, 2014 order of the Court of Appeals is considered, and it is DENIED, because the defendant's April 9, 2013 motion is prohibited by MCR 6.502(G); because the defendant's June 30, 2011 motion for relief from judgment has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D); and because the defendant's April 25, 2013 motion failed to establish his entitlement to DNA testing under MCL 770.16 because the identity of the defendant as the perpetrator was not at issue during his trial. See MCL 770.16(4)(b)(iii).