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People v. Henderson

Supreme Court of Michigan

April 3, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,
v.
MAURICE DANTE HENDERSON, Defendant-Appellee

COA: 315983. Muskegon CC: 12-062643-FH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the November 6, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the May 3, 2012 letter from the Michigan Department of Corrections to the prosecutor was sufficient to trigger start of the 180-day period set forth in MCL 780.131. At the time that letter was sent, the Department did not have notice of any pending untried warrant, indictment, information, or complaint against the defendant, and the letter therefore did not meet the statutory requirements for applying the 180-day rule. We REMAND this case to the Court of Appeals for consideration of the Muskegon Circuit Court's finding of a second 180-day rule violation that the Court of Appeals declined to address.

We do not retain jurisdiction.


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