PEOPLE v. BULLOCK

Docket Nos. 89661, 89662, (Calendar No. 16).

440 Mich. 15 (1992)

485 N.W.2d 866

PEOPLE v. BULLOCK PEOPLE v. HASSON

Supreme Court of Michigan.

Decided June 16, 1992.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Charles D. Sherman, Prosecuting Attorney, and Joel S. Gehrke, Assisting Prosecuting Attorney, for the people.

Brisbois & Brisbois (by William A. Brisbois) for defendant Bullock.

Daniel E. Manville and Herb Jordan for defendant Hasson.

Amici Curiae:

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Thomas C. Nelson, Assistant Attorney General, for the Attorney General; Richard Thompson, Oakland County Prosecuting Attorney, and Michael J. Modelski, Chief, Appellate Division, for the Oakland County Prosecutor; William E. Molner, Assistant Attorney General, for Prosecuting Attorneys Appellate Service; and Robert Weiss, President, Prosecuting Attorneys Association, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for Prosecuting Attorneys Association.

John R. Minock for Criminal Defense Attorneys of Michigan; Paul J. Denenfeld for American Civil Liberties Union Fund; William Swor for National Association of Criminal Defense Lawyers; Neal Bush, President, for National Lawyers Guild; Representative Perry Bullard, Chair, for Judiciary Committee, Michigan House of Representatives; and Leslie Graves, President, for Wolverine Bar Association.

Elizabeth L. Jacobs addressing Harmelin v Michigan and for Leon Brown.


CAVANAGH, C.J.

We address in these consolidated cases the validity of a search conducted without a warrant, and the question whether Michigan's mandatory penalty of life in prison without possibility of parole, for possession of 650 grams or more of any mixture containing cocaine, is "cruel or unusual" under our state constitution.

I. FACTS AND PROCEDURAL HISTORY

On February 24, 1988, defendant Hasson traveled by air from Los Angeles to Lansing's Capital...

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