People v. Moreau, 141413
| Decision Date | 29 July 1994 |
| Docket Number | No. 141413,141413 |
| Citation | 446 Mich. 851,521 N.W.2d 616 |
| Parties | People v. Moreau (Omott C.) NO. 98081. COA |
| Court | Michigan Supreme Court |
Disposition: Leave to appeal GRANTED, limited to the issue whether a court must impose a consecutive sentence pursuant to M.C.L. § 333.7401(3); M.S.A. § 14.15(7401)(3) if the other felony is a controlled substance offense.
Motion for stay is DENIED as moot.
We further ORDER that this case be argued and submitted to the Court together with the cases of People v. Morris (Docket No. 96606), and People v. Hadley (Docket No. 97136), at such future session of the Court as the cases are ready for submission.
The defendant is directed to file with the Oakland Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi). The Oakland Circuit Court must provide the prosecutor with a copy of the defendant's affidavit. The prosecutor may challenge the defendant's assertion of indigency by filing an appropriate motion with the Oakland Circuit Court within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the Oakland Circuit Court must conduct a hearing on the matter within 21 days after the prosecutor's motion is filed. The prosecutor, the defendant, and an attorney appointed by the Oakland Circuit Court to represent the defendant must appear at the hearing.
If the Oakland Circuit Court determines that the defendant is indigent, the Court must appoint counsel within 14 days after the hearing or, if the prosecutor has not challenged the defendant's assertion of indigency, within 28 days after the defendant files his affidavit. The Oakland Circuit Court must promptly forward to the Clerk of this Court a copy of the appointment order and must promptly provide counsel with any portion of the record that counsel requires.
If the Oakland Circuit Court determines that the defendant is not indigent, the Oakland Circuit Court must promptly notify the Clerk of this Court.
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People v. Morris
...the issue of consecutive sentencing, and further ordered that the case be argued together with People v. Hadley and People v. Moreau. 446 Mich. 851, 521 N.W.2d 617 (1994). B People v. On August 6, 1986, after a valid police search of his residence, defendant Robert Hadley was charged in an ......
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People v. Garrett, 145278
...521 N.W.2d 615 (Docket No. 97136), People v. Morris, --- Mich. ----, 521 N.W.2d 617 (Docket No. 96606), and People v. Moreau --- Mich. ----, 521 N.W.2d 616 (Docket No. 98081) are pending on appeal before this Court and that the decision in those cases may resolve an issue raised in the pres......
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People v. Brown
...521 N.W.2d 616 (Docket No. 96606), People v. Hadley, --- Mich. ----, 521 N.W.2d 615 (Docket No. 97136) and People v. Moreau, --- Mich. ----, 521 N.W.2d 617 (Docket No. 98081) are pending on appeal before this Court and that the decision in those cases may resolve an issue raised in the pres......
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People v. Dalton, s. 155713
...November 30, 1994 Disposition: Leave to appeal is considered and, it appearing to this Court that the cases of People v. Moreau, --- Mich. ----, 521 N.W.2d 617 (Docket No. 98081), People v. Morris, --- Mich. ----, 521 N.W.2d 616 (Docket No. 96606), and People v. Hadley, --- Mich. ----, 521 ......