1. Home
  2. Browse Decisions
  3. Mich.
  4. 133 Mich.
  5. 133 Mich. App. 611 (1984)
 

KENT CTY. PROS. v. KENT CTY. SHERIFF

Docket No. 72805.

133 Mich. App. 611 (1984)

350 N.W.2d 298

KENT COUNTY PROSECUTOR v. KENT COUNTY SHERIFF

Michigan Court of Appeals.

Decided April 3, 1984.

Attorney(s) appearing for the Case

David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for plaintiff.

Varnum, Riddering, Schmidt & Howlett (by Jon F. DeWitt and Jonathan W. Anderson), for defendant.

Patrick C. Bowler, for intervening defendant.

Amicus Curiae:

Alan L. Cropsey, for 1983 House Committee on Corrections, 1982 House Committee on Corrections, the Joint Conference Committee on HB 5328, and the Legislative Leadership.

James W. Boyd, for Michigan Prison Overcrowding Project.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK, JR., and R.L. TAHVONEN, JJ.

PER CURIAM.

The issue in this appeal is whether 1982 PA 325, commonly known as the county jail overcrowding act, MCL 801.51 et seq.; MSA 28.1748(1) et seq., unconstitutionally contravenes the Governor's exclusive commutation power under Const 1963, art 5, § 14. The circuit court found the act constitutional. We reverse.

I

1982 PA 325 authorizes the county sheriff to declare a jail overcrowding state of emergency and sets forth a...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases