Winegar v. Department of Corrections

Michigan Court of Appeals

Winegar v. Department of Corrections

41 Mich. App. 318

CourtMichigan Court of Appeals

DecidedJune 2, 1972

DocketDocket No. 13714

StatusPublished

Cited by5 cases

This text of 41 Mich. App. 318 (Winegar v. Department of Corrections) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winegar v. Department of Corrections, 41 Mich. App. 318 (Mich. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

Defendant has filed a complaint for habeas corpus which is treated herein as an application for leave to take a delayed appeal from a conviction based upon a plea of guilty to the crime of kidnapping. MCLA 750.349; MSA 28.581._

[319]*319On January 24, 1962, the defendant entered his plea of guilty. An appeal was taken and the conviction upon the plea was affirmed by this Court. People v Winegar, 13 Mich App 162 (1968). Leave to appeal was denied, 381 Mich 799 (1969).

Defendant alleges that his plea did not conform to the requirements of Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969), and People v Jaworski, 387 Mich 21 (1972). The Supreme Court has determined that the requirements of Boykin are not to be made retroactive beyond June 2, 1969. People v Butler, 387 Mich 1 (1972); People v Carlisle, 387 Mich 269 (1972).

Leave to appeal denied.

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