Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued January 13, 1987.
Decided September 22, 1987.
Attorney(s) appearing for the Case
Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Criminal Division, Research, Training and Appeals, and Carolyn Schmidt, Assistant Prosecuting Attorney, for the people in Mazzie.
Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Robert F. Davisson and Richard H. Browne, Assistant Prosecuting Attorneys, for the people in Spangler.
Robert E. Slameka for defendant Mazzie.
James Sterling Lawrence for defendant Spangler.
Amici Curiae:
Fred E. Bell (Barbara R. Levine, of counsel) for State Appellate Defender Office, Michigan Appellate Assigned Counsel System, Criminal Defense Attorneys of Michigan, and Prison Legal Services of Michigan, Inc.
Supreme Court of Michigan.
Decided September 22, 1987. Rehearing denied in Mazzie, post, 1213.
BRICKLEY, J.
While we agree with Justice BOYLE that the presumption of vindictiveness as applied in People v Payne,386 Mich. 84; 191 N.W.2d 375 (1971), goes beyond the protections necessary to sustain a defendant's due process rights, we cannot agree with the degree to which Justice BOYLE would narrow that protection...
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