Introducing ATLASLearn more
Legal Opinion

Oakland County Prosecuting Attorney v. Department of Corrections

Michigan Supreme Court

Decided May 14, 1981No. 67134, (Calendar No. 12)PublishedCited by 16 opinions

1Per curiam

The Court of Appeals has held that the Prison Overcrowding Emergency Powers Act, 1980 PA 519,1 unconstitutionally contravenes the Governor’s exclusive commutation power under Const 1963, art 5, § 14. We conclude that the Court of Appeals erred in so holding, and we reverse.

I

1980 PA 519 had its genesis in the Joint Legislative/Executive Task Force on Prison Overcrowding. This task force was convened by the Governor, the Speaker of the House, and the Senate Majority Leader on January 29, 1980, in recognition of the fact that "Michigan is in the midst of a crisis in its prison system”; what was…

2Cases cited6 opinions

  1. People v. FoxMichigan Supreme Court · 1945
  2. People v. CookMichigan Supreme Court · 1907
  3. People v. CummingsMichigan Supreme Court · 1891
  4. Moore v. Parole BoardMichigan Supreme Court · 1967
  5. People v. FreleighMichigan Supreme Court · 1952

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

3Cited by16 opinions

  1. People v. FlemingMichigan Supreme Court · 1987
  2. People v. MooreMichigan Supreme Court · 1989
  3. Kent County Prosecutor v. Kent County SheriffMichigan Supreme Court · 1987
  4. Kenneth Foster v. Sharee BookerCourt of Appeals for the Sixth Circuit · 2010
  5. People v. ErwinMichigan Court of Appeals · 1995

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API