People of Michigan v. John Andrew Dorn
This text of People of Michigan v. John Andrew Dorn (People of Michigan v. John Andrew Dorn) 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.
Opinion
Order Michigan Supreme Court Lansing, Michigan
January 27, 2006 Clifford W. Taylor, Chief Justice
Michael F. Cavanagh 129644 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: 129644 COA: 260553 Kalamazoo CC: 97-001301-FC JOHN ANDREW DORN, Defendant-Appellant.
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On order of the Court, the application for leave to appeal the August 16, 2005 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
KELLY, J., dissents and states as follows:
I would remand to allow defendant his appeal as of right. Defendant lost that right because of the late filing of his petition. He alleges prison officials caused the late filing by delaying the mailing of his petition. This is another case that cries out for the Supreme Court to take action to adopt a prison mailbox rule in Michigan.
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. January 27, 2006 _________________________________________ d0124 Clerk
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