Legal Opinion · Concurrence

People v. Harrison

Michigan Court of Appeals

Decided June 23, 1982No. Docket 56727Published

1ConcurrenceM. J. Kelly, J.

I concur in the result because of the mandate of People v Rogers, 412 Mich 669; 316 NW2d 701 (1982), but write separately to express concern over what may be perceived as a growing tendency on the part of the Michigan appellate system to exalt form over substance.

A review of the briefs and transcript in this case reveals that no manifest injustice occurred. Defendant was aware, through the plea-bargaining proceedings, that he would receive a sentence of life or any term of years. He could not reasonably believe that the sentencing judge would place him on probation after he pled guilty to…

2Cases cited4 opinions

  1. People v. McMillerMichigan Supreme Court · 1973
  2. People v. RogersMichigan Supreme Court · 1982
  3. Michigan v. McMillerSupreme Court of the United States · 1973
  4. People v. ShivelyMichigan Court of Appeals · 1982

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