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931 N.W.2d 368

People v. Brown

Michigan Supreme Court

Decided August 2, 2019

Michigan Supreme Court · decided 2019-08-02

Decided 2019-08-02

¶1On order of the Court, the application for leave to appeal the March 12, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

Cavanagh, J. (concurring).

¶2I concur in the denial of leave to appeal but write separately to note that defendant has raised a claim of actual innocence in this Court that was not raised below. Defendant states he has new evidence in support of this claim, but he has not offered it. I note the denial is without prejudice to defendant's right to file a motion for relief *369from judgment pursuant to MCR Subchapter 6.500 that may include the issue.

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