Narrative Opinion Summary
The Michigan Supreme Court issued an order on January 27, 2006, regarding the case of People of the State of Michigan v. Robert Wayne Viau. The Court denied the application for leave to appeal the Court of Appeals' August 16, 2005 order, stating that the defendant did not meet the necessary burden to establish entitlement to relief under MCR 6.508(D). Justices Cavanagh and Kelly expressed a dissenting opinion, advocating for a remand to the Cheboygan Circuit Court for a new trial. The order was certified by Clerk Corbin R. Davis, confirming its accuracy and completeness.
Legal Issues Addressed
Denial of Leave to Appeal under Michigan Court Rule 6.508(D)subscribe to see similar legal issues
Application: The Court denied the defendant's application for leave to appeal because he failed to meet the requisite burden to justify relief under the applicable rule.
Reasoning: The Court denied the application for leave to appeal the Court of Appeals' August 16, 2005 order, stating that the defendant did not meet the necessary burden to establish entitlement to relief under MCR 6.508(D).
Dissenting Opinion on Remand for New Trialsubscribe to see similar legal issues
Application: Justices Cavanagh and Kelly dissented, indicating their belief that the case should be remanded to the lower court for a new trial.
Reasoning: Justices Cavanagh and Kelly expressed a dissenting opinion, advocating for a remand to the Cheboygan Circuit Court for a new trial.