Legal Opinion

Kent County Prosecutor v. Kent County Sheriff

Michigan Supreme Court

Decided July 1, 1987No. 74055, (Calendar No. 1)PublishedCited by 89 opinions

1Opinion

*317ON REHEARING

Cavanagh, J.

I. INTRODUCTION

When we originally considered this case, the Court was divided equally on the constitutionality of the county jail overcrowding act, 1982 PA 325, MCL 801.51 et seq.; MSA 28.1748(1) et seq.1 Rehearing was granted to resolve the Court’s division on this important public issue. We conclude that the act does not infringe upon the Governor’s power of executive clemency, and we reverse the Court of Appeals determination of unconstitutionality.

The jail overcrowding act directs a county sheriff to declare a jail overcrowding state of emergency when the general…

2Cases cited25 opinions

  1. Rhodes v. ChapmanSupreme Court of the United States · 1981
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Robinson v. CaliforniaSupreme Court of the United States · 1962
  4. Alabama v. PughSupreme Court of the United States · 1978
  5. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977

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3Cited by89 opinions

  1. Berry v. GarrettMichigan Court of Appeals · 2016
  2. Makowski v. GovernorMichigan Supreme Court · 2014
  3. Hickey v. ZezulkaMichigan Court of Appeals · 1989
  4. People v. MatelicMichigan Court of Appeals · 2002
  5. People of Michigan v. Virgil SmithMichigan Court of Appeals · 2017

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