Legal Opinion

People v. Van Auker

Michigan Court of Appeals

Decided November 30, 1981No. Docket 44917PublishedCited by 14 opinions

1Opinion of the CourtBeasley, P.J.

Defendant, David Reeves Van Auker, was found guilty by a jury of assault with intent to do great bodily harm less than murder, in violation of MCL 750.84; MSA 28.279. Shortly thereafter, defendant was convicted by a second jury as an habitual (fourth felony) offender, in violation of MCL 769.12; MSA 28.1084. Defendant was sentenced to a flat term of 10 years in prison, with credit for time already served. He now appeals as of right.

Defendant’s first claim is that the police officers’ forcible, warrantless entry into the apartment where he was staying in order to arrest him violated the Fourth…

2Cases cited16 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. Silverman v. United StatesSupreme Court of the United States · 1961
  4. People v. RobinsonMichigan Supreme Court · 1972
  5. People v. BoboMichigan Supreme Court · 1973

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

3Cited by14 opinions

  1. People v. OliverMichigan Supreme Court · 1983
  2. People v. OswaldMichigan Court of Appeals · 1991
  3. People v. RoupeMichigan Court of Appeals · 1986
  4. People v. AnthonyMichigan Court of Appeals · 1982
  5. People v. LeroyMichigan Court of Appeals · 1987

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

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