People of State v. Sylvester Wash.
| Decision Date | 08 April 2011 |
| Docket Number | Docket No. 141929.COA No. 298970. |
| Citation | 489 Mich. 871,795 N.W.2d 816 |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellee,v.Sylvester WASHINGTON, Jr., Defendant–Appellant. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Order
On order of the Court, the application for leave to appeal the September 21, 2010 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
To the extent People v. Floyd, 481 Mich. 938, 751 N.W.2d 34 (2008), has been seen as inconsistent with People v. Powe, 469 Mich. 1032, 679 N.W.2d 67 (2004); People v. Drohan, 475 Mich. 140, 162 n. 14, 715 N.W.2d 778 (2006); and People v. Harper, 479 Mich. 599, 617 n. 31, 739 N.W.2d 523 (2007), it is disavowed.
MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ., would grant leave to appeal.
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4 cases
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Sherman v. Davids
...People v. Powe, 679 N.W.2d 67 (2004); People v. Drohan, 715 N.W.2d 778 (2006); People v. Harper, 739 N.W.2d 523 (2007);People v. Washington, 795 N.W.2d 816 (2011); People v. Floyd, 804 N.W.2d 564 (2011). And, because second degree murder is punishable by a sentence of life or any term of ye......
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Washington v. McQuiggin, 11-1856
...v. Floyd has been seen as inconsistent with People v. Powe, People v. Drohan, and People v. Harper, it is disavowed." People v. Washington, 795 N.W.2d 816, 817 (Mich. 2011) (citations omitted). The court has since repeatedly reaffirmed that "Tanner does not apply to sentences where the stat......
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People of State v. Floyd
...Mich. 140, 162 n. 14, 715 N.W.2d 778 (2006); People v. Harper, 479 Mich. 599, 617 n. 31, 739 N.W.2d 523 (2007), and People v. Washington, 489 Mich. 871, 795 N.W.2d 816 (2011). We therefore VACATE that part of the judgment of the Court of Appeals that remanded for resentencing based on a vio......
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People of State v. Lewis
...for life or any term of years because the minimum will never exceed two–thirds of the statutory maximum of life. People v. Washington, 489 Mich. 871, 795 N.W.2d 816 (2011); People v. Powe, 469 Mich. 1032, 679 N.W.2d 67 (2004); People v. Drohan, 475 Mich. 140, 162 n. 14, 715 N.W.2d 778 (2006......