People of Michigan v. Darnell Walker

Michigan Supreme Court

People of Michigan v. Darnell Walker

DecidedFebruary 6, 2008

Docket135049

StatusPublished

This text of People of Michigan v. Darnell Walker (People of Michigan v. Darnell Walker) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People of Michigan v. Darnell Walker, (Mich. 2008).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

February 6, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 135049 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 135049 COA: 266208 Ingham CC: 04-000072-FH DARNELL WALKER, JR., Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the September 6, 2007 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the second and third paragraphs of Part II(C) and all of Part II(D) of the September 6, 2007 judgment of the Court of Appeals. These portions of the Court of Appeals discussion of the notice requirement and the “good-faith exception” to the 180-day rule statute, MCL 780.131, are dicta. In all other respects, the application for leave to appeal is DENIED. We are not persuaded that the questions presented regarding the 180-day rule should be reviewed by this Court prior to the completion of the proceedings ordered by the Court of Appeals, and we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.

CAVANAGH and KELLY, JJ., would simply deny leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. February 6, 2008 _________________________________________ d0130 Clerk

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Order Michigan Supreme Court Lansing, Michigan

February 6, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 135049 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 135049 COA: 266208 Ingham CC: 04-000072-FH DARNELL WALKER, JR., Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the September 6, 2007 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the second and third paragraphs of Part II(C) and all of Part II(D) of the September 6, 2007 judgment of the Court of Appeals. These portions of the Court of Appeals discussion of the notice requirement and the “good-faith exception” to the 180-day rule statute, MCL 780.131, are dicta. In all other respects, the application for leave to appeal is DENIED. We are not persuaded that the questions presented regarding the 180-day rule should be reviewed by this Court prior to the completion of the proceedings ordered by the Court of Appeals, and we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.

CAVANAGH and KELLY, JJ., would simply deny leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. February 6, 2008 _________________________________________ d0130 Clerk

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People of Michigan v. Darnell Walker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-darnell-walker-mich-2008.