People v. Elauim, 13
| Decision Date | 01 January 1975 |
| Docket Number | No. 13,13 |
| Citation | 227 N.W.2d 553,393 Mich. 601 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James ELAUIM, Defendant-Appellant. , |
| Court | Michigan Supreme Court |
William L. Cahalan, Pros. Atty., Patricia J. Boyle, Principal Atty., Research, Training
& Appeals, Ronald P. Weitzman, Asst. Pros. Atty., Detroit, for plaintiff-appellee.
Norris J. Thomas, Jr., Asst. Defender, Chari Grove, Research Asst., Detroit, for defendant-appellant.
This is an appeal from affirmance by the Court of Appeals of defendant's conviction by a jury of first degree murder committed in the perpetration of a robbery. M.C.L.A. § 750.316; M.S.A. § 28.548. Prior to a decision of this Court, defendant died.
The judgments of the courts below are hereby ordered vacated. It is further ordered that the matter be remanded to the circuit court and that the indictment be dismissed. 1
LEVIN, J., did not participate.
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People v. Peters
...the defendant. 22 This Court's treatment of appeals from criminal convictions on the defendant's death has varied. In People v. Elauim, 393 Mich. 601, 227 N.W.2d 553 (1975), this Court abated ab initio the indictment of a defendant who died pending his appeal from a conviction for first-deg......
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State v. Blake
...State v. Carter (Me.1973), 299 A.2d 891.Massachusetts: Commonwealth v. Eisen (1975), Mass., 334 N.E.2d 14.Michigan: People v. Elauim (1975), 393 Mich. 601, 227 N.W.2d 553.Missouri: City of Clayton v. Sigoloff (Mo.App.1970), 452 S.W.2d 315.Montana: State v. Lawrence (1949), 122 Mont. 277, 20......
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People v. Peters, Docket No. 149161
...his appeal was pending. This Court granted the defense motion to remand for a dismissal of the cause, pursuant to People v. Elauim, 393 Mich. 601, 227 N.W.2d 553 (1975). Order of the Court of Appeals, July 16, 1991 (Docket No. 136343). The prosecutor moved for a rehearing and this Court den......
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People v. Posby, Docket No. 111619
...starting. The majority, intent on saving a conviction, departed from the rule of abatement ab initio, approved of in People v. Elauim, 393 Mich. 601, 227 N.W.2d 553 (1975), to find that the defendant's conviction should stand, along with the attendant collateral consequence of the restituti......