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PEOPLE v. SMITH

No. 156353.

918 N.W.2d 718 (2018)

502 Mich. 624

PEOPLE of the State Of Michigan, Plaintiff-Appellant, v. Virgil SMITH, Defendant-Appellee.

Supreme Court of Michigan.

January 11, 2018.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Kym Worthy , Prosecuting Attorney, and Jason W. Williams , Chief of Research, Training, and Appeals, for the people.

State Appellate Defender (by Valerie Newman ) Detroit, for defendant.

William J. Vailliencourt, Jr. , for amici curiae, the Prosecuting Attorneys Association of Michigan.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Laura Moody , Chief Legal Counsel, and B. Eric Restuccia , Deputy Solicitor General, for amici curiae, the Wayne County Prosecutor's Office.

CLEMENT, J. (concurring in part and concurring in the judgment in part).

OPINION

As part of defendant's plea deal, he agreed to resign his position as a state senator and not seek public office during his five-year probationary term. After reviewing the agreement, the trial court determined that these terms violated the separation-of-powers doctrine and public policy. It struck down the terms but...

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