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IN RE PAROLE OF BIVINGS

Docket No. 209083.

619 N.W.2d 163 (2000)

242 Mich. App. 363

In re PAROLE OF BIVINGS. People of the State of Michigan, Plaintiff-Appellee and Wayne County Prosecutor Intervening Plaintiff-Appellee, v. Keith D. Bivings, Defendant-Appellee and Michigan Department of Corrections and Parole Board, Intervening Defendants-Appellants.

Court of Appeals of Michigan.

Decided August 29, 2000, at 9:00 a.m.

Released for Publication October 31, 2000.

Attorney(s) appearing for the Case

John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and George E. Ward, Chief Assistant Prosecuting Attorney, for Wayne County Prosecutor.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Chester S. Sugierski, Jr., Assistant Attorney General, for Department of Corrections and Parole Board.

Before: RICHARD ALLEN GRIFFIN, P.J., and HOLBROOK, JR., and J.B. SULLIVAN, JJ.

PER CURIAM.

Intervening defendants Michigan Department of Corrections (MDOC) and Parole Board appeal by leave granted from the Wayne Circuit Court's opinion and order declaring MDOC Policy Directive 06.05.104 unconstitutional, setting aside defendant Keith D. Bivings' twelve-month parole violation "sentence" and remanding to the Parole Board with instructions to exercise independent discretion in determining the portion of Bivings' sentence he must serve as the minimum...

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