People v. Clemons

Decision Date07 December 1979
Docket NumberDocket No. 63439
CitationPeople v. Clemons, 291 N.W.2d 927, 407 Mich. 939 (Mich. 1979)
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kenneth CLEMONS, Defendant-Appellant. 407 Mich. 939, 291 N.W.2d 927
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), the case is REMANDED to Detroit Recorder's Court with the direction that defendant be sentenced before the judge who presided at his trial, provided that judge is reasonably available. If it should be determined that the judge presiding at defendant's trial is no longer reasonably available, defendant's sentence dated September 28, 1977 shall stand. In all other respects the application for leave to appeal is DENIED. This Court...

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14 cases
  • McBee v. Grant
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • June 10, 1985
    ...Appeals denied leave to appeal. The Michigan Supreme Court, however, remanded the case to the court of appeals. See People v. McBee, 407 Mich. 939, 291 N.W.2d 927 (1979). Apparently, the Sandstrom issue now raised was then before that court, even though the Michigan Supreme Court referred o......
  • People v. Swindlehurst
    • United States
    • Court of Appeal of Michigan
    • January 6, 1983
    ...For this reason, any error has been waived. People v. Clemons, 91 Mich.App. 68, 282 N.W.2d 838 (1979), remanded on other grounds 407 Mich. 939 (1979). Nor can we agree with defendant's argument that his counsel was ineffective because he did not object to the similar acts testimony, because......
  • People of State v. Lee
    • United States
    • Michigan Supreme Court
    • June 30, 2011
    ...that the sentence was invalid. 7. See, e.g., People v. Pierce, 158 Mich.App. 113, 115, 404 N.W.2d 230 (1987), citing People v. Clemons, 407 Mich. 939, 291 N.W.2d 927 (1979). This general rule recognizes that the judge who accepts a defendant's plea is in the best position to ensure that a d......
  • People v. McCracken
    • United States
    • Court of Appeal of Michigan
    • October 6, 1980
    ...appeal. M.C.L. § 769.26; M.S.A. § 28.1096, People v. Clemons, 91 Mich.App. 68, 73, 282 N.W.2d 838 (1979), remanded for resentencing, 407 Mich. 939 (1979). We have reviewed the record and find that there was no manifest AFFIRMED. * GEORGE R. CORSIGLIA, 48th Judicial Circuit, sitting on Court......
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