Legal Opinion · Dissent

People v. Clay

Michigan Court of Appeals

Decided April 4, 2000No. Docket 211768Published

1Dissent

*373Holbrook, Jr., J.

(dissenting). I respectfully dissent. While I agree with the majority’s recitation of the relevant rules of statutory interpretation, I disagree with its application of those rules to the language of MCL 750.197c; MSA 28.394(3) (assault of an employee of a place of confinement). Specifically, I disagree with the majority’s conclusion that the plain language of the statute indicates “that the Legislature did not intend to require that the prosecution prove that a defendant was ‘lawfully imprisoned’ when he is charged with assaulting a corrections officer while awaiting…

2Cases cited8 opinions

  1. People v. TerryMichigan Court of Appeals · 1996
  2. People v. ArterberryMichigan Supreme Court · 1988
  3. People v. FoxMichigan Court of Appeals · 1999
  4. People v. WilliamsMichigan Court of Appeals · 1988
  5. People v. NealMichigan Court of Appeals · 1999

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