Legal Opinion

People v. O'NEAL

Michigan Court of Appeals

Decided January 10, 1983No. Docket 58315PublishedCited by 6 opinions

1Opinion of the CourtDanhof, C.J.

Defendant pled guilty to possession of a controlled substance, pentazocine, in violation of MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b), on January 16, 1981. He was sentenced to serve a term of from one to two years in prison. Defendant appeals his conviction as of right.

Defendant, relying on the decision of another panel of this Court in People v Turmon, 117 Mich App 345; 323 NW2d 698 (1982), claims that his conviction must be reversed because the Legislature has never declared possession of pentazocine to be a crime.

The controlled substances provisions of the Public Health Code, MCL 333.7101…

2Cases cited31 opinions

  1. Lanzetta v. New JerseySupreme Court of the United States · 1939
  2. United States v. GrimaudSupreme Court of the United States · 1911
  3. Osius v. City of St. Clair ShoresMichigan Supreme Court · 1956
  4. Department of Natural Resources v. SeamanMichigan Supreme Court · 1976
  5. Argo Oil Corporation v. AtwoodMichigan Supreme Court · 1935

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3Cited by6 opinions

  1. Michigan Podiatric Medical Ass'n v. National Foot Care Program, Inc.Michigan Court of Appeals · 1989
  2. People v. TurmonMichigan Supreme Court · 1983
  3. Attorney General v. American Way Life InsuranceMichigan Court of Appeals · 1991
  4. People v. BerryMichigan Court of Appeals · 1983
  5. People of Michigan v. Dwight T SamuelsMichigan Supreme Court · 2024

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

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