(DOWNLOAD) "Milton M. Shields v. Michigan Department" by Court of Appeals of Michigan * eBook PDF Kindle ePub Free
eBook details
- Title: Milton M. Shields v. Michigan Department
- Author : Court of Appeals of Michigan
- Release Date : January 31, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff is an inmate serving a life term in the State Prison of Southern Michigan for assault with intent to murder, MCL 750.83; MSA 28.278. On April 3, 1981, plaintiff filed a complaint in the circuit court for Ingham County for judicial review of the parole board's decision not to recommend him for parole, alleging that defendant, acting through its parole board, denied him certain due process rights under the Administrative Procedures Act and state and federal constitutions. Plaintiff prayed, inter alia, for an order directing defendant to hold a public hearing pursuant to MCL 791.234 et seq.; MSA 28.2304 et seq. Defendant filed a motion for accelerated judgment on the ground that the circuit court lacked subject matter jurisdiction to review the denial of parole. The circuit court held a hearing on the motion on January 26, 1982, and granted accelerated judgment thereon for lack of subject matter jurisdiction, GCR 1963, 116.1(2), ""or summary judgment under 117.2(1)"". On June 17, 1982, this Court granted plaintiff's application for delayed appeal from the circuit Judge's order of dismissal. Plaintiff was sentenced to life imprisonment on February 2, 1967. On October 9, 1976, he became eligible for parole under the so-called ""lifer law"", MCL 791.234(4); MSA 28.2304(4).