Legal Opinion

People v. McMiller

Michigan Supreme Court

Decided June 18, 1973No. 8 January Term 1973, Docket No. 53,925PublishedCited by 87 opinions

1Opinion of the CourtT. G. Kavanagh, J.

We granted leave in this case and the case of People v Wolff to consider the implications of the setting aside of a plea of guilty to a lesser offense and putting the defendant on trial for a higher offense.

The facts are not complicated.

On November 14, 1968, defendant was charged with the murder of John "Junior” Watson. On January 13, 1969, defendant pled guilty to the lesser offense of manslaughter. He was sentenced to serve a term of 10-15 years in prison on January 28, 1969.

Defendant appealed his conviction, and the Court of Appeals reversed.1 Thereupon, defendant was charged, tried, and…

2Cases cited4 opinions

  1. Green v. United StatesSupreme Court of the United States · 1957
  2. People v. MorrinMichigan Court of Appeals · 1971
  3. People v. HarperMichigan Court of Appeals · 1971
  4. People v. McMillerMichigan Court of Appeals · 1972

3Cited by87 opinions

  1. In Re Guilty Plea CasesMichigan Supreme Court · 1975
  2. Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1974
  3. United States v. Eddie Lee AndersonCourt of Appeals for the Seventh Circuit · 1975
  4. Sweetwine v. StateCourt of Appeals of Maryland · 1980
  5. Michael Lewandowski v. Martin Makel, Warden, Michigan Dunes Correctional FacilityCourt of Appeals for the Sixth Circuit · 1991

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