Berry v. Department of Corrections

Defendants appeal as of right from the trial court’s order granting summary judgment to plaintiff.

Plaintiff was sentenced to life imprisonment on July 2, 1964, after being convicted of first-degree murder. He is presently an inmate at the State Prison of Southern Michigan. In May, 1979, plaintiff made application for a commutation of sentence, pursuant to MCL 791.243 et seq.; MSA 28.2313 et seq. On June 22, 1979, defendant parole board acknowledged receipt of the application in the following manner:

"In accordance with the statutes, the Parole Board will submit the results of their…