People v. Eaton

Decision Date29 January 1992
Docket NumberNo. 124438,No. 89678,89678,124438
Citation479 N.W.2d 639,439 Mich. 919
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Clifford EATON, Defendant-Appellant. COA
CourtMichigan Supreme Court

Prior report: 184 Mich.App. 649, 459 N.W.2d 86.

ORDER

On order of the Court, the certification by the Court of Appeals pursuant to Administrative Order 1984-2 that its decision in this case conflicts with its decision in People v. Rosie Smith, 183 Mich.App. 537, 455 N.W.2d 719 (1990), lv. gtd., 436 Mich. 882 (1990), and the application for leave to appeal are considered. Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we AFFIRM the judgment of the Court of Appeals for the reason that the 180-day rule, M.C.L. Sec. 780.131 et seq; M.S.A. Sec. 28.969(1) et seq, did not apply to the circumstances of this case. People v. Rosie Smith, 438 Mich. 715, 475 N.W.2d 333 (1991).

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5 cases
  • Ford Motor Co. v. BRUCE TP., Docket No. 246579.
    • United States
    • Court of Appeal of Michigan — District of US
    • 22 Noviembre 2004
    ... ... See People v. Jones, 467 Mich. 301, 304-305, 651 N.W.2d 906 (2002) ... Black's Law Dictionary (7th ed.) defines "mutual mistake" as "[a] mistake in which each ... 462, 468-469, 53 N.W.2d 335 (1952) .] ...         See also In re Hatcher, 443 Mich. 426, 437, 505 N.W.2d 834 (1993) ; People v. Eaton, 184 Mich.App. 649, 652-653, 459 N.W.2d 86 (1990), aff'd 439 Mich. 919, 479 N.W.2d 639 (1992) ...         In the present case, the ... ...
  • Lewis v. State
    • United States
    • Court of Special Appeals of Maryland
    • 28 Julio 2016
    ... ... People v. Superior Court, 224 Cal.App.3d 1405, 274 Cal.Rptr. 586, 589 (1990). The purpose of the Uniform Act ... is to secure at trial the attendance ... If he elects not to avail himself of the established procedural rights there appears to be none who should be heard to complain. People v. Eaton, 184 Mich.App. 649, 459 N.W.2d 86, 88 (1990) (citation omitted), aff'd, 439 Mich. 919, 479 N.W.2d 639 (1992). See also United States v ... ...
  • People v. Owen
    • United States
    • Colorado Supreme Court
    • 15 Noviembre 2005
    ... ...         As used in the guilty plea context, nonwaivable "jurisdictional defects" refer not to matters of personal jurisdiction, but rather to matters of subject matter jurisdiction, see Craig v. Bronson, 202 Conn. 93, 103, 520 A.2d 155, 161 (1987); People v. Eaton, 184 Mich.App. 649, 650, 459 N.W.2d 86, 87 (1990), aff'd on other grounds, 439 Mich. 919, 479 N.W.2d 639 (1992), and thus to fundamental, constitutional bars to "the very power of the State to bring the defendant into court to answer the charge brought against him." Davila v. State, 831 P.2d 204, ... ...
  • Lewis v. State
    • United States
    • Court of Special Appeals of Maryland
    • 28 Julio 2016
    ... ... will honor the request of fellow members for the appearance of witnesses at criminal proceedings under the conditions specified in the Act." People v ... Superior Court , 224 Cal.App.3d 1405, 274 Cal.Rptr. 586, 589 (1990). "The purpose of the Uniform Act ... is to secure at trial the attendance ... If he elects not to avail himself of the established procedural rights there appears to be none who should be heard to complain. People v ... Eaton , 459 N.W.2d 86, 88 (Mich. Ct. App. 1990) (citation omitted), aff'd , 479 N.W.2d 639 (Mich. 1992). See also United States v ... Anderson , 472 F.3d ... ...
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