People of Michigan v. Ryan Christopher Smith

Michigan Supreme Court

People of Michigan v. Ryan Christopher Smith

DecidedSeptember 18, 2013

Docket147187

StatusPublished

This text of People of Michigan v. Ryan Christopher Smith (People of Michigan v. Ryan Christopher Smith) 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. Ryan Christopher Smith, (Mich. 2013).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

September 18, 2013 Robert P. Young, Jr., Chief Justice

147187 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellant, v SC: 147187 COA: 312242 Wayne CC: 11-001972-FH RYAN CHRISTOPHER SMITH, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the May 7, 2013 order of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether a trial court loses jurisdiction, for purposes of sentencing or otherwise, by failure to sentence a defendant within one year after delaying sentence under MCL 771.1; (2) whether a defendant waives a claim of error related to a delay in sentencing where he requests a delayed sentence under the statute; and (3) what remedy should apply to a failure to sentence a defendant within a year of conviction.

The Criminal Defense Attorneys of Michigan and Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

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. September 18, 2013 p0911 Clerk

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Order Michigan Supreme Court Lansing, Michigan

September 18, 2013 Robert P. Young, Jr., Chief Justice

147187 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellant, v SC: 147187 COA: 312242 Wayne CC: 11-001972-FH RYAN CHRISTOPHER SMITH, Defendant-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the May 7, 2013 order of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether a trial court loses jurisdiction, for purposes of sentencing or otherwise, by failure to sentence a defendant within one year after delaying sentence under MCL 771.1; (2) whether a defendant waives a claim of error related to a delay in sentencing where he requests a delayed sentence under the statute; and (3) what remedy should apply to a failure to sentence a defendant within a year of conviction.

The Criminal Defense Attorneys of Michigan and Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

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. September 18, 2013 p0911 Clerk

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People of Michigan v. Ryan Christopher Smith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-ryan-christopher-smith-mich-2013.