Legal Opinion

People v. Monday

Michigan Court of Appeals

Decided August 4, 1976No. Docket 25686PublishedCited by 6 opinions

1Opinion of the CourtAllen, P. J.

May a trial court, acting under § 1 of Chapter 11 of the Code of Criminal Procedure, MCLA 771.1; MSA 28.1131, 1 dismiss a felony case, after conviction on a plea of nolo contendere, without a motion for nolle prosequi by the prosecuting attorney? This question of first impression arises on the following facts:

In June 1973, the defendant, a licensed practical nurse employed at the Ypsilanti State Hospital, was charged with larceny in a building, MCLA 750.360; MSA 28.592, by taking some 31 valium tablets. Upon arraignment, the defendant stood mute and a plea of not guilty was entered for her.…

2Cases cited7 opinions

  1. The People v. . BennettNew York Court of Appeals · 1872
  2. Commonwealth v. HartMassachusetts Supreme Judicial Court · 1889
  3. Commonwealth v. CundiffCourt of Appeals of Kentucky · 1912
  4. State Ex Rel. Ronan v. StevensArizona Supreme Court · 1963
  5. Jackson County Prosecutor v. Court of AppealsMichigan Supreme Court · 1975

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3Cited by6 opinions

  1. State v. ArbaughWest Virginia Supreme Court · 2004
  2. People v. ErwinMichigan Court of Appeals · 1995
  3. People v. LeonardMichigan Court of Appeals · 1985
  4. People v. McCartneyMichigan Court of Appeals · 1985
  5. State of West Virginia v. Andrew RiosWest Virginia Supreme Court · 2016

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

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