People v. Holder

Michigan Supreme Court

People v. Holder

759 N.W.2d 886, 483 Mich. 890

CourtMichigan Supreme Court

DecidedFebruary 6, 2009

Docket137486

StatusPublished

Cited by1 cases

This text of 759 N.W.2d 886 (People v. Holder) 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 v. Holder, 759 N.W.2d 886, 483 Mich. 890 (Mich. 2009).

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Opinion

The Clerk of the Court is directed to place this case on the April 2009 session calendar for argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing: (1) whether the judgment of sentence entered on March 22, 2007, was valid when imposed because defendant was not on parole at the time he committed the offenses in this case, despite the subsequent effort to cancel his parole discharge; and (2) whether the trial court lacked the authority to later modify the March 22, 2007, judgment of sentence. See MCR 6.429(A); People v Miles, 454 Mich 90, 96 (1997); and People v Harris, 482 Mich 986 (2008).

We further order the Genesee Circuit Court to appoint the State Appellate Defender Office to represent the defendant in this Court.

We invite the Attorney General to respond on behalf of the Department of Corrections to explain under what authority, if any, the department may proceed ex parte to seek the amendment of an otherwise final order. Court of Appeals No. 286100.

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The Clerk of the Court is directed to place this case on the April 2009 session calendar for argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing: (1) whether the judgment of sentence entered on March 22, 2007, was valid when imposed because defendant was not on parole at the time he committed the offenses in this case, despite the subsequent effort to cancel his parole discharge; and (2) whether the trial court lacked the authority to later modify the March 22, 2007, judgment of sentence. See MCR 6.429(A); People v Miles, 454 Mich 90, 96 (1997); and People v Harris, 482 Mich 986 (2008).

We further order the Genesee Circuit Court to appoint the State Appellate Defender Office to represent the defendant in this Court.

We invite the Attorney General to respond on behalf of the Department of Corrections to explain under what authority, if any, the department may proceed ex parte to seek the amendment of an otherwise final order. Court of Appeals No. 286100.

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Bluebook (online)

759 N.W.2d 886, 483 Mich. 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holder-mich-2009.

Opinion

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