People v. Doane, 1

Decision Date20 June 1972
Docket NumberM,No. 1,1
PartiesPEOPLE of the State of Michigan, Plaintiffs-Appellees, v. Earl DOANE, Sr., Defendant-Appellant. ay Term.
CourtMichigan Supreme Court

William L. Cahalan, Pros. Atty., Dominick R. Carnovale, Chief Appellate Dept., Thomas R. Lewis, Asst. Pros. Atty., Detroit, for plaintiffs-appellees.

Kenneth J. Morris, Livonia, for defendant-appellant.

Before the Entire Bench.

BRENNAN, Justice.

Defendant was convicted of possession of marijuana. The crime was alleged to have been committed on the 18th day of April, 1969, in the defendant's home.

This appeal raised various questions, including an issue relating to the forcible entry of defendant's home and the proper execution of a search warrant.

In light of this Court's recent decision in People v. Sinclair, 387 Mich. 91, 194 N.W.2d 878 (1972), the issues raised here are moot.

The conviction is reversed and the cause remanded to the Circuit Court for Wayne County for entry of an order releasing the defendant.

T.M. KAVANAGH, C.J., and ADAMS, T.G. KAVANAGH, WILLIAMS, BLACK and SWAINSON, JJ., concur.

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7 cases
  • People v. Ortiz
    • United States
    • Court of Appeal of Michigan — District of US
    • July 15, 1997
    ...Mich.App. 39, 43, 195 N.W.2d 773 (1972); People v. Doane, 33 Mich.App. 579, 583, 190 N.W.2d 259 (1971), rev'd on other grounds 387 Mich. 608, 198 N.W.2d 292 (1972). Thus, the police cannot satisfy the statute simply by mumbling "Open up--police" before breaking down the door, but a defendan......
  • People v. Williams, Docket Nos. 130174
    • United States
    • Court of Appeal of Michigan — District of US
    • March 2, 1993
    ...inside away from the front door); People v. Doane, 33 Mich.App. 579, 581-584, 190 N.W.2d 259 (1971), rev'd on other grounds 387 Mich. 608, 198 N.W.2d 292 (1972) (after knocking, officers saw defendant and his wife observing them through a window instead of opening the door). On the other ha......
  • People v. Cason
    • United States
    • Michigan Supreme Court
    • June 20, 1972
    ... ...         SWAINSON, Justice ...         This case involves the problem of the scope of People v. Paille #1, 383 Mich. 605, 178 N.W.2d 469 (1970). Defendant Cason was charged by complaint and warrant with possession of narcotics, carrying a concealed ... ...
  • People v. Castillo
    • United States
    • Court of Appeal of Michigan — District of US
    • March 10, 1978
    ...the statute prior to the Sinclair decision were reversed and vacated, either on appeal or by the trial judges. See People v. Doane, 387 Mich. 608, 198 N.W.2d 292 (1972), People v. Albert White # 1, 387 Mich. 774, 196 N.W.2d 313 (1972), People v. Griffin, 39 Mich.App. 464, 198 N.W.2d 21 (197......
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