People v. Swain, 878 N.W.2d 476 (Mich. 2016). · Go Syfert
People v. Swain, 878 N.W.2d 476 (Mich. 2016). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2018–2019 · 2 courts · …a claim of new evidence that was not discovered before the first such motion.
17 citation events (17 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) 20240201_C364289_29_364289.Opn.Pdf
Mich. Ct. App. · 2024 · confidence medium
Generally, a defendant presenting new evidence is entitled to a new trial when: (1) the evidence itself, not merely its materiality, was newly discovered; (2) the newly discovered evidence was not cumulative; (3) the party could not, using reasonable diligence, have discovered and produced the evidence at trial; and (4) the new evidence makes a different result probable on retrial. [People v Cress, 468 Mich 678, 692 ; 664 NW2d 174 (2003) (quotation marks and citation omitted).] -4- The Cress test “does not apply to the procedural threshold of MCR 6.502(G)(2), as the plain text of the court r…
discussed Cited "see" People of Michigan v. Anthony Wayne Hubbard (2×) also: Cited "see, e.g."
Mich. Ct. App. · 2023 · signal: see · confidence high
See Swain, 499 Mich 920 .
cited Cited "see" People of Michigan v. Anthony Wayne Hubbard
Mich. · 2021 · signal: see · confidence high
See People v Swain, 499 Mich 920 (2016).
cited Cited "see" People of Michigan v. Ledura Watkins
Mich. · 2016 · signal: see · confidence high
See People v Swain, 499 Mich 920 (2016).
cited Cited "see" People of Michigan v. Ledura Watkins
Mich. · 2016 · signal: see · confidence high
See People v Swain, 499 Mich 920 (2016).
discussed Cited "see, e.g." People of Michigan v. Earl Allen Northrop Jr
Mich. Ct. App. · 2025 · signal: see, e.g. · confidence medium
See, e.g., People v Swain, 499 Mich 920, 920 (2016) (explaining that the “new evidence” inquiry of MCR 6.502(G) is distinct from the Cress test, which 12 The trial court also addressed other claims from defendant’s first and second MFRJs, whose resolution defendant does not challenge on appeal. -7- “does not apply to the procedural threshold of MCR 6.502(G)(2)”).
Retrieving the full opinion text from the archive…
People of Michigan
v.
Lorinda Irene Swain
150994; Court of Appeals 314564.
Michigan Supreme Court.
May 18, 2016.
878 N.W.2d 476
McCormack.
Cited by 11 opinions  |  Published

On order of the Court, leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we reverse the February 5, 2015 judgment of the Court of Appeals and we remand this case to the Calhoun Circuit Court for proceedings consistent with its judgment ordering a new trial. The Court of Appeals erred in applying People v Cress, 468 Mich 678 (2003), to an analysis of a successive motion filed pursuant to MCR 6.502(G)(2). 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. The Court of Appeals erred in failing to give proper deference to the specific findings of the trial court that the defendant was entitled to a new trial. The defendant provided “a claim of new[*921] evidence that was not discovered before the first” motion for relief from judgment, MCR 6.502(G)(2), and we conclude that the trial court did not abuse its discretion in ordering a new trial on the facts of this case. In light of this disposition, we decline to address the other issues presented in our order granting leave to appeal. We do not retain jurisdiction.

McCormack, J., did not participate because of her prior involvement in this case as counsel for a party.