People v. Taskila

Decision Date18 April 1974
Docket NumberDocket Nos. 55459,55460
Citation391 Mich. 815,387 N.W.2d 923
PartiesPEOPLE v. Howard A. TASKILA (PEOPLE v. Robert J. BLEAU). 391 Mich. 815, 387 N.W.2d 923
CourtMichigan Supreme Court

Prior Report: 50 Mich.App. 746, 213 N.W.2d 760.

Leave to appeal granted. The Court, on its own motion pursuant to GCR 1963, 853.2(4), hereby vacates the judgment of conviction and remands to the Circuit Court for the County of Marquette for reconsideration and reevaluation by Judge Bernard Davidson of the original trial record in light of People v. Crittle, 390 Mich. 367, 212 N.W.2d 196 (1973). Upon such reconsideration, Judge Davidson shall render an opinion, including new findings of fact and conclusions of law, and shall enter final judgment in conformity therewith. This Court does not retain jurisdiction.

SWAINSON, COLEMAN and FITZGERALD, JJ., would deny leave.

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13 cases
  • Shavers v. Kelley
    • United States
    • Michigan Supreme Court
    • June 8, 1978
    ...and prove an actual justiciable controversy" and reference to Kuhn v. East Detroit, 50 Mich.App. 502, 213 N.W.2d 599 (1973), lv. den. 391 Mich. 815 (1974). I read Kuhn as strong authority for not deciding the procedural due process issue here.2 One author offers the following observation co......
  • Stockler v. State, Dept. of Treasury
    • United States
    • Court of Appeal of Michigan — District of US
    • May 16, 1977
    ...a liberal view of declaratory judgments. GCR 1963, 521, Kuhn v. East Detroit, 50 Mich.App. 502, 213 N.W.2d 599 (1973), lv. den., 391 Mich. 815 (1974), Anno: Tax Questions as Proper Subject of Action for Declaratory Judgment, 11 A.L.R.2d 359, and note that in the present case, defendant has ......
  • People v. Fudge, Docket No. 21686
    • United States
    • Court of Appeal of Michigan — District of US
    • January 8, 1976
    ...the forged instrument was Presented for payment.' People v. Brandon, 46 Mich.App. 484, 491--492, 208 N.W.2d 214, 217 (1973), Lv. den. 391 Mich. 815 (1974) (Emphasis in original, citations omitted.) Defendant claims that, because the check in question was never endorsed, there was no present......
  • People v. Chambers
    • United States
    • Court of Appeal of Michigan — District of US
    • September 22, 1975
    ...in Mapp v. Ohio (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961)).' Even though it was a nonjury case, People v. Taskila, 391 Mich. 815 (1974), remanded the case to the circuit court for reconsideration in light of Crittle. Taskila was on appeal at the time Crittle was deci......
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