Legal Opinion · Dissent

People v. Grove

Michigan Supreme Court

Decided July 29, 1997No. Docket Nos. 103004, 103521, Calendar Nos. 9-10Published

1DissentKelly, J.

I respectfully dissent. In Grove, I disagree with the majority’s holding that the trial court had the discretion under MCR 6.302(C)(3) to reject defendant’s guilty plea. I would find that the trial judge acted as a superprosecutor when he refused to accept defendant’s plea and sentence bargain despite objections from both the prosecution and the defense. His refusal violated the Michigan Court Rules and defendant’s constitutional rights, and was an abuse of discretion.

In Austin, I disagree with the majority’s holding that the trial court’s rejection of a plea agreement was not an abuse of…

2Cases cited13 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Marshall v. United StatesSupreme Court of the United States · 1959
  3. Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1972
  4. People v. KillebrewMichigan Supreme Court · 1983
  5. Genesee Prosecutor v. Genesee Circuit JudgeMichigan Supreme Court · 1974

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