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A Better Partnership
September 13, 2013

MSC examines whether it should grant leave to consider effect of amending felony information after statutory period

The Michigan Supreme Court has ordered oral argument regarding whether it should grant leave in People v Siterlet.  The Court directed the parties to submit supplemental briefing regarding: “(1) whether the defendant is entitled to any relief on his claim that the trial court lacked authority to sentence him as a fourth habitual offender, MCL 769.12, due to an invalid post-trial amendment of the notice of intent to seek sentence enhancement, MCL 769.13(1), and where the defendant failed to timely object to the amendment or to his sentencing as a fourth habitual offender; and (2) whether the Court of Appeals correctly analyzed the unpreserved error in this case under ‘plain error’ standards.”  For further information regarding the Court of Appeals opinion in this matter, please see our prior post.

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