People v. Schultz

Decision Date11 April 1989
Docket NumberNo. 84788,84788
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. David M. SCHULTZ, Defendant-Appellee. 432 Mich. 892, 437 N.W.2d 636
CourtMichigan Supreme Court

Prior report: 172 Mich.App. 674, 432 N.W.2d 742.

ORDER

On order of the Court, the application for leave to appeal and the application for leave to appeal as cross-appellant are considered. The application for leave to appeal is GRANTED, limited to the issue whether the Court of Appeals erred by ordering resentencing under M.C.L. Sec. 333.7403; M.S.A. Sec. 14.15(7403) as amended by 1988 P.A. 47. The application for leave to appeal as cross-appellant is DENIED.

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9 cases
  • People v. Schultz
    • United States
    • Michigan Supreme Court
    • September 28, 1990
  • Brown v. Beckwith Evans Co.
    • United States
    • Court of Appeal of Michigan — District of US
    • December 2, 1991
    ... ... Anno: Burden of allegation and proof in civil cases as regards exception in statute, 130 ALR 440, 443; People v. Grabiec, 210 Mich. 559, 561, 178 N.W. 55 (1920); Myers v. Carr, 12 Mich. 63, 71 (1863); Baca v. Bueno Foods, 108 N.M. 98, 766 P.2d 1332 ... ...
  • People v. Miller
    • United States
    • Court of Appeal of Michigan — District of US
    • April 10, 1990
    ... ...         We view 1987 P.A. 275 as amending legislation designed to adjust the punishment for controlled substance offenses more proportionately to the crime and the criminal and as a tacit admission that such was previously not the case. See People v. Schultz, 172 Mich.App. 674, 687, 432 N.W.2d 742 (1988), lv. gtd. 432 Mich. 892 (1989). The amendment is remedial in nature as one "designed to correct an existing law," Spencer v. Clark Twp., 142 Mich.App. 63, 68, 368 N.W.2d 897 (1985), citing Rookledge v. Garwood, 340 Mich. 444, 453, 65 N.W.2d 785 ... ...
  • Bowie v. Delta Airlines, Inc.
    • United States
    • Maine Supreme Court
    • July 18, 1995
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