Legal Opinion · Dissent

People v. Smith

Michigan Supreme Court

Decided September 23, 1991No. Docket 89414; Calendar 7Published

1DissentBrickley, J.

Although our grant of leave to appeal in this case did not specify issues for consideration, the appellant framed the issues as whether the defendant’s Michigan and federal constitutional rights to speedy trial and her statu*730tory right to a trial within 180 days, MCL 780.131; MSA 28.969(1), were waived by an unconditional guilty plea. Not only does the majority fail to resolve a conflict that now exists in the Court of Appeals, it incorrectly interprets the 180-day rule and ignores the well-established rules of stare decisis. Accordingly, I would hold that this Court’s decision in People v…

2Cases cited34 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. United States v. EwellSupreme Court of the United States · 1966
  4. United States v. MacDonaldSupreme Court of the United States · 1978
  5. Parker v. Port Huron HospitalMichigan Supreme Court · 1960

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