Lickfeldt v. Department of Corrections

I respectfully dissent. I cannot join the majority opinion because I disagree with its conclusion that MCL 750.193(1) requires the Michigan Department of Corrections (mdoc) to issue a certificate of termination once an individual has served the maximum term of a sentence. The majority’s holding is contrary to the Legislature’s intent in enacting § 193 of the Penal Code, MCL 750.1 et seq., and there is nothing in the plain language of the statute that supports the imposition of such a duty on defendants. Because defendants do not have a clear legal duty to perform the action sought by…