Legal Opinion · Concurrence

People v. Miller

Michigan Supreme Court

Decided September 15, 1992No. 90547, (Calendar No. 3)Published

1ConcurrenceLevin, J.

We agree, for the reasons *644set forth in Judge Maher’s opinion,1 that the provision of the Mental Health Code,2 requiring that charges against a defendant determined incompetent to stand trial be dismissed fifteen months after the date on which the defendant was originally determined incompetent to stand trial, does not require an uninterrupted period of incompetence and may, as in this case, be comprised of a number of periods of incompetence, totaling fifteen months in duration and occurring after the original determination of incompetence.

The Mental Health Code further provides that if…

2Cases cited2 opinions

  1. People v. JohnMichigan Court of Appeals · 1983
  2. People v. Willie MillerMichigan Court of Appeals · 1990

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