People v. King, 64325
| Citation | 308 N.W.2d 425,411 Mich. 939 |
| Decision Date | 27 May 1981 |
| Docket Number | No. 64325,64325 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Thomas Phillip KING, Defendant-Appellee. 411 Mich. 939, 308 N.W.2d 425 |
| Court | Supreme Court of Michigan |
On order of the Court, plaintiff-appellant's application for leave to appeal having been ordered held in abeyance pending decisions in People v. Aaron (Docket No. 57376), People v. Wright (Docket No. 61194), and People v. Thompson (Docket No. 61140), and said decisions having been issued on November 24, 1980, 409 Mich. 672, 299 N.W.2d 304.
Now, therefore, the said application is hereby considered and, in lieu of leave to appeal, pursuant to GCR 1963, 853.2(4), 94 Mich.App. 53, 288 N.W.2d 377, we REVERSE the judgment of the Court of Appeals and REINSTATE defendant's conviction of first-degree felony murder. People v. Aaron, et al., 409 Mich. 672, 734, 299 N.W.2d 304 (1980).
Justice Levin would grant leave to appeal to consider the retroactivity of People v. Aaron, 409 Mich. 672, 299 N.W.2d 304 (1980), for the reasons set forth in his dissenting statement in People v. Lonchar, --- Mich. ---, 308 N.W.2d 103 (1981).
To continue reading
Request your trial
-
Bowen v. Foltz, 83-1558
...added). The Michigan courts have steadfastly stuck to the decision not to give retroactive effect to the new rule. People v. King, 411 Mich. 939, 308 N.W.2d 425 (1981); People v. Smith, 108 Mich.App. 338, 342, 310 N.W.2d 235 (1981). Petitioner claims that prospective only application of a n......
-
King v. Mintzes
...the opinion," id. at 734, 299 N.W.2d 304. Several months later, the Michigan Supreme Court disposed of a number of criminal cases (including King), which had been held in abeyance pending the Aaron decision. See People v. Lonchar, 411 Mich. 923, 925, 308 N.W.2d 103 (1981) (Levin, J., dissen......
- People v. Caldwell, Docket No. 53094
-
Lankford v. Foltz, PETITIONER-APPELLANT
...... People v. Lankford, No. 78-2783. On May 27, 1981, the Michigan Supreme Court reversed Lankford's ......