Appeal of Green

Decision Date21 December 1977
Docket NumberNo. 60210,60210
Citation402 Mich. 835,282 N.W.2d 924
PartiesAppeal of Phillip Earl GREEN, Appellee. CLINTON COUNTY PROSECUTING ATTORNEY, Plaintiff-Appellant, v. 65TH DISTRICT JUDGE, Defendant. 402 Mich. 835, 282 N.W.2d 924
CourtMichigan Supreme Court
ORDER

On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals is REVERSED, and the matter is REMANDED to the 65th District Court for further proceedings. The alleged police misconduct in this case took place prior to April 7, 1975, the decisional date of People v. Beavers, 393 Mich. 554, 227 N.W.2d 511 (1975). In Beavers, we indicated that our decision was to be applied prospectively. Accordingly, Beavers only has applicability to police misconduct which occurred after April 7, 1975. People v. Drielick, 400 Mich. 559, 255 N.W.2d 619 (1977).

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13 cases
  • Citizens for Pre-Trial Justice v. Goldfarb
    • United States
    • Court of Appeal of Michigan — District of US
    • February 20, 1979
    ...258 N.W.2d 216 (1977), Lv. den., 402 Mich. 826 (1977), Mask v. Shell Oil Co., 77 Mich.App. 25, 32, 257 N.W.2d 256 (1977), Lv. den., 402 Mich. 835 (1977). Overcharge by Taking Defendants next contend that the court also erred in determining that defendants violated the statute by taking coll......
  • People v. Missouri
    • United States
    • Court of Appeal of Michigan — District of US
    • July 25, 1980
    ...to all trials conducted after its decisional date. This decision was reversed by the Michigan Supreme Court. 76 Mich.App. 50, 402 Mich. 835 (1977). The Court specifically stated in its order that "Beavers only has applicability to police conduct which occurred after April 7, 1975". Hence, t......
  • People v. Villarreal
    • United States
    • Court of Appeal of Michigan — District of US
    • October 6, 1980
    ...has been held to be reversible error. For example, in People v. Biondo, 76 Mich.App. 155, 159-160, 256 N.W.2d 60 (1977), lv. den. 402 Mich. 835 (1977), this Court ruled that the prosecutor's attempt to cajole the jury into believing that a guilty verdict would be a substantial act towards s......
  • People v. Leverette
    • United States
    • Court of Appeal of Michigan — District of US
    • February 22, 1982
    ...or held up at gunpoint * * *."4 Villarreal, supra, People v. Biondo, 76 Mich.App. 155, 159-160, 256 N.W.2d 60 (1977), lv. den. 402 Mich. 835 (1977).5 The tenor of the prosecutor's argument suggests that in part he was legitimately rebutting the defense counsel's argument. However, this is n......
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