Legal Opinion

People v. Smith

Michigan Supreme Court

Decided July 26, 2018No. 156353PublishedCited by 13 opinions

1Opinion of the CourtViviano, J.

**627As part of defendant's plea deal, he agreed to resign his position as a state senator and not seek public office during his five-year probationary term. After reviewing the agreement, the trial court determined that these terms violated the separation-of-powers doctrine and public policy. It struck down the terms but, over the prosecutor's objection, enforced the **628rest of the plea deal. The Court of Appeals affirmed. We took this case to decide whether the resignation and bar-to-office provisions of the plea deal were enforceable, and if not, whether the trial court erred by refusing…

2Cases cited90 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Reynolds v. SimsSupreme Court of the United States · 1964
  5. Powell v. McCormackSupreme Court of the United States · 1969

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3Cited by13 opinions

  1. James Fouts v. Warren City CouncilCourt of Appeals for the Sixth Circuit · 2024
  2. Fouts v. Warren City CouncilDistrict Court, E.D. Michigan · 2023
  3. Mays v. LewisDistrict Court, E.D. Michigan · 2024
  4. People of Michigan v. Eric Arlington OgilvieMichigan Court of Appeals · 2022
  5. People of Michigan v. Eric Arlington OgilvieMichigan Court of Appeals · 2022

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