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· 11/22/1977

People v. Heiler

Citations

  • 262 N.W.2d 890
  • 79 Mich. App. 714
  • 1977 Mich. App. LEXIS 820

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • plea agreement not binding until approved by trial court or relied on by defendant to his detriment
  • “To hold the prosecutor bound by the agreement under [such circumstances] would ... actually inhibit the dispositional use of plea bargaining by placing the prosecutor at an absolute disadvantage.”
  • “For the judiciary to claim power to control the institution and conduct of prosecutions would be an intrusion on the power of the executive branch of government and a violation of the constitutional separation of powers.” (citation omitted)
  • “[S]pecific performance, or the alternate remedy of plea withdrawal, [is] available only after the plea ha[s] been accepted, defendant ha[s] acted to his prejudice in reliance upon the agreement, and the prosecutor ha[s] thereafter refused to perform its part of the bargain[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Danhof, Allen, Heading

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.