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PEOPLE v. LOWN

Docket No. 139969. Calendar No. 2.

794 N.W.2d 9 (2011)

488 Mich. 242

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Donald Allen LOWN, Defendant-Appellant.

Supreme Court of Michigan.

Decided January 14, 2011.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, B. Eric Restuccia , Solicitor General, Michael D. Thomas , Prosecuting Attorney, and J. Thomas Horiszny , Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jacqueline J. McCann ) for defendant.

Brian Peppler , Kym L. Worthy , and Timothy A. Baughman for amici curiae the Prosecuting Attorneys Association of Michigan.

Opinion

CORRIGAN, J.

This case requires us to clarify the correct interpretation of the statutory "180-day rule" established by MCL 780.131 and MCL 780.133. The object of this rule is to dispose of new criminal charges against inmates in Michigan correctional facilities; the rule requires dismissal of the case if the prosecutor fails to commence action on charges pending against an inmate within 180 days after the Department of Corrections (DOC) delivers...

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