People v. Swain

This matter is before us on remand from the Michigan Supreme Court for consideration as on leave granted. People v Swain, 485 Mich 997 (2009). On appeal, the prosecution challenges the July 21, 2009, order granting defendant’s successive motion for relief from judgment of her four convictions of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(a). In its remand order, the Supreme Court specified that we “should address among the issues presented: (1) whether [defendant’s] successive motion for relief from judgment in this case was barred by MCR 6.502(G), and (2) if it was,…