Legal Opinion

Wayne County Prosecutor v. Recorder's Court Judge

Michigan Supreme Court

Decided November 13, 1979No. Docket Nos. 62083, 62084. (Calendar Nos. 5, 6)PublishedCited by 179 opinions

1Opinion of the CourtColeman, C.J.

(for reversal). Leave to appeal was sua sponte granted in these cases1 to resolve a substantial conflict among our lower courts as to the constitutionality of Michigan’s felony-firearm statute, MCL 750.227b; MSA 28.424(2), which states:

"A person who carries or has in his possession a firearm at the time he commits or attempts to commit a felony, except the violation of section 227 [carrying a concealed weapon] or section 227a [unlawful possession of a weapon by a licensee], is guilty of a felony and shall be imprisoned for 2 years.”
"The term of imprisonment prescribed by this section shall be…

2Cases cited26 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Green v. United StatesSupreme Court of the United States · 1957
  5. Ex Parte LangeSupreme Court of the United States · 1874

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3Cited by179 opinions

  1. People of Illinois v. HaronIllinois Supreme Court · 1981
  2. People v. DonaldsonIllinois Supreme Court · 1982
  3. People v. RobideauMichigan Supreme Court · 1984
  4. Sours v. StateSupreme Court of Missouri · 1980
  5. People v. WakefordMichigan Supreme Court · 1983

174 more not listed; retrieve them via the Exa API.

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