People of Michigan v. Maurice Dante Henderson

Michigan Supreme Court

People of Michigan v. Maurice Dante Henderson

DecidedApril 3, 2015

Docket150728

StatusPublished

This text of People of Michigan v. Maurice Dante Henderson (People of Michigan v. Maurice Dante Henderson) 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.

Bluebook

People of Michigan v. Maurice Dante Henderson, (Mich. 2015).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

April 3, 2015 Robert P. Young, Jr., Chief Justice

150728 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellant, Justices

v SC: 150728 COA: 315983 Muskegon CC: 12-062643-FH MAURICE DANTE HENDERSON, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the November 6, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the May 3, 2012 letter from the Michigan Department of Corrections to the prosecutor was sufficient to trigger start of the 180-day period set forth in MCL 780.131. At the time that letter was sent, the Department did not have notice of any pending untried warrant, indictment, information, or complaint against the defendant, and the letter therefore did not meet the statutory requirements for applying the 180-day rule. We REMAND this case to the Court of Appeals for consideration of the Muskegon Circuit Court’s finding of a second 180-day rule violation that the Court of Appeals declined to address.

We do not retain jurisdiction.

I, Larry S. Royster, 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. April 3, 2015 t0331 Clerk

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Order Michigan Supreme Court Lansing, Michigan

April 3, 2015 Robert P. Young, Jr., Chief Justice

150728 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellant, Justices

v SC: 150728 COA: 315983 Muskegon CC: 12-062643-FH MAURICE DANTE HENDERSON, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the November 6, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the May 3, 2012 letter from the Michigan Department of Corrections to the prosecutor was sufficient to trigger start of the 180-day period set forth in MCL 780.131. At the time that letter was sent, the Department did not have notice of any pending untried warrant, indictment, information, or complaint against the defendant, and the letter therefore did not meet the statutory requirements for applying the 180-day rule. We REMAND this case to the Court of Appeals for consideration of the Muskegon Circuit Court’s finding of a second 180-day rule violation that the Court of Appeals declined to address.

We do not retain jurisdiction.

I, Larry S. Royster, 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. April 3, 2015 t0331 Clerk

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People of Michigan v. Maurice Dante Henderson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-maurice-dante-henderson-mich-2015.