[Download] "People v. Schinzel (On Remand)" by Court of Appeals of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: People v. Schinzel (On Remand)
- Author : Court of Appeals of Michigan
- Release Date : January 03, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Joseph Schinzel was convicted of second-degree murder, Recorder's Court of Detroit, James A. Hathaway, J. Defendant appealed, and the Court of Appeals reversed on the basis of violation of the 180-day rule for bringing a prisoner to trial on an untried warrant, indictment or information. 86 Mich App 337 (1978). The people sought leave to appeal to the Supreme Court which, in lieu of granting leave, reversed the Court of Appeals and remanded for the taking of testimony at the trial court regarding the cause of the delay in bringing the defendant to trial and for subsequent review of that testimony by the Court of Appeals. 406 Mich 888 (1979). The trial court has taken the testimony and the Court of Appeals has now reviewed that testimony, which indicated that the delay was caused by a congested Recorder's Court docket brought about by a change in that court's docketing procedure. Held : The change in docketing procedures, which resulted in a large increase in the caseload of the trial Judge, make the delay in this case an excusable delay. Therefore, there was no violation of the 180-day rule.
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