Legal Opinion · Dissent

People v. Knight

Michigan Supreme Court

Decided January 16, 2009No. 136716Published

1DissentKelly, C.J.

I would grant leave to appeal to consider whether the Court of Appeals opinion in People v Filip1 misstates the law by concluding that MCL 769.11b does not apply to parole detainees. Its holding, which was relied on by the lower court in this case, does not seem to flow from the language of the statute. We denied leave to appeal in Filip because it was moot. But this case is not moot.

Although the Court has refused to address the parole sentencing issue presented in this case on numerous occasions,2 the issue does not go away. The large number of applications for leave to appeal on this issue…

2Cases cited4 opinions

  1. People v. FilipMichigan Court of Appeals · 2008
  2. People v. PattersonMichigan Supreme Court · 2008
  3. People v. RodgersMichigan Supreme Court · 2008
  4. People v. WillavizeMichigan Supreme Court · 2008

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