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IN RE PAROLE OF FRANCIOSI

Docket No. 195864.

586 N.W.2d 542 (1998)

231 Mich. App. 607

In re PAROLE OF FRANCIOSI. Sabatino FRANCIOSI, Plaintiff-Appellee, v. MICHIGAN PAROLE BOARD, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 26, 1998.

Submitted on rehearing July 7, 1998, at Detroit.

Decided on rehearing September 25, 1998, at 9:00 a.m.

Released for Publication December 10, 1998.

Attorney(s) appearing for the Case

Neal Bush, Detroit, for Sabatino Francoisi.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Chester S. Sugierski, Jr., Assistant Attorney General, for the Parole Board.

Before YOUNG, JR., P.J., and MICHAEL J. KELLY and DOCTOROFF, JJ.

MICHAEL J. KELLY, J.

Respondent, the Michigan Parole Board, appeals by leave granted from a June 5, 1996, order of the Wayne Circuit Court remanding this matter to respondent for reconsideration. By this order, the trial court declared unconstitutional M.C.L. § 791.235(6); MSA 28.2305(6), which prohibits an attorney from representing a prisoner at a parole release hearing. The court also construed M.C.L. § 791.206(2); MSA 28.2276(2) and 1984 AACS, R 791...

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