People v. Gavin
| Decision Date | 30 May 1974 |
| Docket Number | No. 55625,55625 |
| Citation | 391 Mich. 837,218 N.W.2d 144 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Donald GAVIN, Defendant-Appellant. 391 Mich. 837, 218 N.W.2d 144 |
| Court | Michigan Supreme Court |
Before the Entire Bench.
ORDER
On order of the Court, the delayed application by defendant and appellant for leave to appeal is considered, and the same is hereby granted. It is further Ordered, on the Court's own motion, pursuant to GCR 1963, 853.2(4), that the Court of Appeals' decision, 50 Mich.App. 743, 213 N.W.2d 758, is reversed and the cause remanded to Recorder's Court for the City of Detroit for further proceedings in accordance with People v. Moore, 391 Mich. 426, 216 N.W.2d 770 (1974).
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10 cases
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People v. Alexander
...44 Mich.App. 469, 471, 205 N.W.2d 183, 184 (1973); People v. Bersine, 48 Mich.App. 295, 298, 210 N.W.2d 501, 503 (1973), Lv. den., 391 Mich. 837 (1974). People v. Blair, supra, 44 Mich.App. at 471, 205 N.W.2d at 184, contains language particularly appropriate for this 'The determination of ......
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People v. McPherson
...discretion will not be overturned unless a clear abuse is shown. People v. Bersine, 48 Mich.App. 295, 210 N.W.2d 501 (1973), Lv. den., 391 Mich. 837 (1974). People v. Harris, 43 Mich.App. 531, 204 N.W.2d 549 (1972), upon which defendant relies to claim that the prosecution's efforts were un......
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People v. Sanders
... ... 324, 265 N.W.2d 138 (1978) (defendant can collaterally attack prior pleas only on the grounds of denial of the right to counsel) ... These cases rely in part on my prior opinion in People v. Hendrick, 52 Mich.App. 201, 217 N.W.2d 112 (1974), which in turn relied on People v. Gavin, 50 Mich.App. 743, 213 N.W.2d 758 (1973). Gavin was reversed on this point by the Supreme Court, 391 Mich. 837, 218 N.W.2d 144 (1974), on the authority of People v. Moore, 391 Mich. 426, 216 N.W.2d 770 (1974). And, while the Supreme Court affirmed Hendrick on another question, 398 Mich. 410, 247 ... ...
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People v. Foy, Docket No. 60651
...mandatory and failure to comply shall require resentencing". In People v. Theodorou, 10 Mich.App. 409, 159 N.W.2d 765 (1968), lv. den. 391 Mich. 837 (1974), the trial judge sentenced the defendant to a term of from 20 years to life imprisonment. Because this sentence violated M.C.L. Sec. 76......
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