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Legal Opinion

Kent County Prosecutor v. Kent County Sheriff

Michigan Supreme Court

Decided August 7, 1986No. 74055, (Calendar No. 10)PublishedCited by 9 opinions

1Opinion of the CourtBoyle, J.

In this case, we consider the constitutionality of the county jail overcrowding act, MCL 801.51 et seq.; MSA 28.1748(1) et seq., which allows for the early release of prisoners serving jail sentences when the jail population exceeds a certain percentage of rated design capacity. 1 The Legislature is afforded plenary power over matters dealing with "[t]he public health and general welfare of the people of the state . . . Const 1963, art 4, § 51. In addition, as this Court stated in In re Brewster St Housing Site, 291 Mich 313, 333; 289 NW 493 (1939):

In passing upon the constitutionality of…

2Cases cited38 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
  3. United States v. WilsonSupreme Court of the United States · 1833
  4. Edgar A. Levy Leasing Co. v. SiegelSupreme Court of the United States · 1922
  5. People v. McFarlinMichigan Supreme Court · 1973

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3Cited by9 opinions

  1. Kent County Prosecutor v. Kent County SheriffMichigan Supreme Court · 1987
  2. People v. KernMichigan Court of Appeals · 2010
  3. Michigan Coalition of State Employee Unions v. State of MichiganMichigan Supreme Court · 2015
  4. People v. WeatherfordMichigan Court of Appeals · 1992
  5. Kent County Prosecutor v. Kent County SheriffMichigan Supreme Court · 1987

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