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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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