Legal Opinion

People v. Russell

Michigan Court of Appeals

Decided June 12, 1985No. Docket 74515PublishedCited by 10 opinions

1Per curiam

In this case we consider the applicability of the law of the case doctrine where an intervening change in law has occurred. We hold that the trial court was bound by our prior order and that the prosecution’s proper remedy was to move for rehearing in this Court or to appeal to the Supreme Court.

Pursuant to a plea and sentence bargain, defendant pled guilty on June 11, 1981, to armed robbery, MCL 750.529; MSA 28.797. The bargain included a promise by the court that defendant’s sentence would be less than one to be given in a neighboring county. After being given a 20- to 40-year sentence in…

2Cases cited19 opinions

  1. Kercheval v. United StatesSupreme Court of the United States · 1927
  2. Backus v. Fort Street Union Depot Co.Supreme Court of the United States · 1898
  3. Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
  4. Allen v. Michigan Bell Telephone Co.Michigan Court of Appeals · 1975
  5. People v. StreetMichigan Supreme Court · 1939

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3Cited by10 opinions

  1. Money v. FlowersNebraska Supreme Court · 2008
  2. Reeves v. Cincinnati, Inc.Michigan Court of Appeals · 1995
  3. Freeman v. Dec International, IncMichigan Court of Appeals · 1995
  4. Bauer v. City of Garden CityMichigan Court of Appeals · 1987
  5. State v. WhiteNebraska Supreme Court · 1999

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