Legal Opinion

People v. Smith

Michigan Court of Appeals

Decided January 8, 1976No. Docket 22793PublishedCited by 6 opinions

1Per curiam

On September 24, 1970, defendant was sentenced to a term of 90 days in jail and 5 years probation, following his conviction for larceny from the person. MCLA 750.357; MSA 28.589. On December 21, 1973, defendant’s probation was revoked and he was sentenced to a term of from 2 to 10 years in prison.

The United States Supreme Court decided in Morrissey v Brewer, 408 US 471; 92 S Ct 2593; 33 L Ed 2d 484 (1972), as applied to probation revocation proceedings in Gagnon v Scarpelli, 411 US 778; 93 S Ct 1756; 36 L Ed 2d 656 (1973), the minimum due process requirements for a probation revocation…

2Cases cited3 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. People v. MalkowskiMichigan Supreme Court · 1971

3Cited by6 opinions

  1. People v. HardinMichigan Court of Appeals · 1976
  2. People v. GivensMichigan Court of Appeals · 1978
  3. People v. BruceMichigan Court of Appeals · 1980
  4. People v. RialMichigan Supreme Court · 1976
  5. People v. RialMichigan Supreme Court · 1976

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