Legal Opinion

Jones v. Department of Corrections

Michigan Supreme Court

Decided July 2, 2003No. Docket 120991PublishedCited by 43 opinions

1Opinion of the Court

*648Young, J.

We granted leave to appeal in this case to consider whether plaintiff parolee was properly discharged from prison where defendant, the Department of Corrections, failed to conduct a timely fact-finding hearing under MCL 791.240a on plaintiffs parole violation charges.1 Because we conclude that nothing in the plain language of MCL 791.240a permits the release of a parole violator under the circumstances of this case and that the appropriate remedy for the department’s failure to timely conduct a fact-finding hearing is a writ of mandamus, we reverse the judgment of the Court of…

2Cases cited19 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  4. In Re MCI Telecommunications ComplaintMichigan Supreme Court · 1999
  5. People v. McIntireMichigan Supreme Court · 1999

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3Cited by43 opinions

  1. Halloran v. BhanMichigan Supreme Court · 2004
  2. People v. IdziakMichigan Supreme Court · 2009
  3. People v. MacKMichigan Court of Appeals · 2005
  4. Paige v. City of Sterling HeightsMichigan Supreme Court · 2006
  5. Morales v. Michigan Parole Bd.Michigan Court of Appeals · 2004

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