People v. Millard, 55882
| Decision Date | 08 May 1975 |
| Docket Number | No. 55882,55882 |
| Citation | 228 N.W.2d 783,394 Mich. 99 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Winston D. MILLARD, Defendant-Appellant. 394 Mich. 99, 228 N.W.2d 783 |
| Court | Michigan Supreme Court |
Before the Entire Bench.
On order of the Court, the delayed application by defendant-appellant for leave to appeal is considered, and the same hereby is granted. The Court, Sua sponte, under GCR 1963, 865.1(7), peremptorily reverses defendant's conviction and remands for further proceedings in the trial court consistent with People v. McMiller, 389 Mich. 425, 208 N.W.2d 451 (1973).
The defendant was charged with first-degree murder and pled guilty to second-degree murder. The Court of Appeals reversed on the basis of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); People v. Jaworski, 387 Mich. 21, 194 N.W.2d 868 (1972). On remand, the defendant was rearraigned on a charge of first-degree murder. His trial attorney timely raised the issue later settled by McMiller but, when that issue was not resolved in his favor, defendant again pled guilty to second-degree murder.
Before defendant was again sentenced, he sought to withdraw his plea. The trial judge erred in not allowing the defendant to withdraw his plea before sentencing.
While McMiller does not apply to a case in which the defendant withdraws his plea before sentencing, McMiller shall be applied to the proceedings on the remand pursuant to this order because the earlier reversal was for failure to comply with the requirements of Boykin-Jaworski and McMiller does apply in such a case and the McMiller issue was preserved before the defendant pled guilty on the earlier remand.
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People v. Johnson
...a claim of an illegally gained confession. People v. Catlin, 39 Mich.App. 106, 108, 197 N.W.2d 137 (1972). But see, People v. Millard, 394 Mich. 99, 228 N.W.2d 783 (1975), for indication that a guilty plea does not waive all preconviction rights of the accused.15 As for defendant's qualifie......
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People v. Parker
...the McMiller rule has no application to this case. People v. Lewandowski, 394 Mich. 529, 232 N.W.2d 173 (1975); People v. Millard, 394 Mich. 99, 228 N.W.2d 783 (1975); People v. Moore, 74 Mich.App. 195, 253 N.W.2d 708 (1977); Moore v. Ninth District Judge, 69 Mich.App. 16, 19-20, 244 N.W.2d......
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People v. Strickland, Docket No. 28472
...Moore v. 9th District Judge, 69 Mich.App. 16, 244 N.W.2d 346 (1976). The Supreme Court initiated this limitation. See People v. Millard, 394 Mich. 99, 228 N.W.2d 783 (1975), and People v. Lewandowski, 394 Mich. 529, 232 N.W.2d 173 (1975). [78 Mich.App. 48] The Supreme Court has also restric......