Legal Opinion
People v. Pomeroy
Michigan Supreme Court
Decided September 18, 1984No. Docket Nos. 62831, 62832. (Calendar Nos. 5, 6)PublishedCited by 15 opinions
1Opinion of the Court
On Rehearing
Kavanagh, J.
The judgments of the Court of Appeals in these consolidated cases were affirmed by an equal division of this Court. People v Pom- eroy, 415 Mich 328; 329 NW2d 697 (1982). The cases were submitted for rehearing, which we granted. 417 Mich 1113.
These cases present the question whether an intoxicated person who is asleep in the driver’s seat of a motionless vehicle is "operating] a vehicle”, within the meaning of MCL 257.625b; MSA 9.2325(2).
We hold that under any reasonable interpretation of the phrase "operate a vehicle”, a person sleeping in a motionless car cannot be…
2Cases cited23 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- People v. HamptonMichigan Supreme Court · 1979
- Commonwealth v. KlochSuperior Court of Pennsylvania · 1974
- Lawrence Baking Co. v. Unemployment Compensation CommissionMichigan Supreme Court · 1944
- Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1975
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. SolmonsonMichigan Court of Appeals · 2004
- People v. SolmonsonMichigan Court of Appeals · 2004
- People v. WoodMichigan Supreme Court · 1995
- People v. BurtonMichigan Court of Appeals · 2002
- Wells v. CommonwealthCourt of Appeals of Kentucky · 1986
10 more not listed; retrieve them via the Exa API.