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Jackson County Prosecutor v. Court of Appeals

Jackson Cnty. Prosecutor v. Court of Appeals, 232 N.W.2d 172 (Mich. 1975)
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Court
Michigan Supreme Court · State Highest Courts
Decided
August 19, 1975
Docket
No. 57199
Judges
Kavanagh, Williams, Levin, Coleman, Fitzgerald, Lindemer, Swainson
Citations
232 N.W.2d 172394 Mich. 5271975 Mich. LEXIS 257
Cited by 12 1 descriptions by later courts

Opinion

Memorandum Opinion. Richard Walter Stanton was charged with violating a state law proscribing the possession of certain instruments by prison inmates. MCLA 800.283; MSA 28.1623. A circuit judge quashed the information filed against Stanton on grounds the statute under which he was charged was "too broad” and thus was constitutionally defective.

The prosecution sought an appeal to the Court of Appeals as of right by filing a claim of appeal.

*528 The prosecution’s appeal was returned, unfiled, with a letter from a Court of Appeals Assistant Clerk citing People v Martin, 59 Mich App 471 ; 229 NW2d 809 (1975).

The prosecution now seeks superintending control from this Court. Under GCR 1963, 862.5, we grant superintending control and order the Court of Appeals to docket the prosecutor’s appeal in the Richard Walter Stanton case on the basis of the proper filing, by the prosecution, of the claim of appeal.

The act of the circuit court in quashing the information in this case was a final pretrial decision of the circuit court, MCLA 600.308; MSA 27A.308, which shall be appealable as of right to the Court of Appeals, MCLA 600.309; MSA 27A.309.

In so holding, this Court expressly overrules the holding to the contrary in People v Martin, supra.

T. G. Kavanagh, C. J., and Williams, Levin, M. S. Coleman, J. W. Fitzgerald, and Lindemer, JJ., concurred.

Swainson, J., took no part in the decision of this case.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 12 cases

View all citing references →
1975: 11976: 31977: 21978: 11979: 11981: 11982: 11984: 12007: 119752026peak 1976 · 3

Relies on it most ⓘ

  1. People v. Pummer249 N.W.2d 78 (Mich. 1976)
  2. People v. Cooke355 N.W.2d 88 (Mich. 1984)
  3. People v. McCoy254 N.W.2d 829 (Mich. Ct. App. 1977)
  4. People v. Cooke317 N.W.2d 594 (Mich. Ct. App. 1982)
  5. People v. Monday245 N.W.2d 811 (Mich. Ct. App. 1976)
  6. People v. Doss276 N.W.2d 9 (Mich. 1979)

Most recent

  1. People v. Waltonen728 N.W.2d 881 (Mich. Ct. App. 2007)
  2. People v. Cooke355 N.W.2d 88 (Mich. 1984)
  3. People v. Cooke317 N.W.2d 594 (Mich. Ct. App. 1982)
  4. People v. Wolfe313 N.W.2d 350 (Mich. Ct. App. 1981)
  5. People v. Doss276 N.W.2d 9 (Mich. 1979)
  6. People v. Neal268 N.W.2d 303 (Mich. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Martin, 229 N.W.2d 809 (Mich. Ct. App. 1975) 15

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