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In re Meissner

2 Citing cases

  1. People v. McGee

    258 Mich. App. 683 (Mich. Ct. App. 2003)   Cited 134 times
    In McGee, 258 Mich.App. at 693-697, this Court held that the defendant's right to a preliminary examination was not violated when the trial court allowed the prosecutor to add a charge of perjury on the first day of trial.

    Whether an accused is accorded due process depends on the facts of each case. In re Meissner, 358 Mich. 696, 698; 101 N.W.2d 243 (1960). In People v. Cheff, 37 Mich. App. 1, 4; 194 N.W.2d 401 (1971), a case analogous to the instant case, the defendant claimed that his right to due process was violated when, on the day scheduled for trial, the prosecutor elected to proceed on one of four informations filed against him.

  2. People v. Gregorczyk

    178 Mich. App. 1 (Mich. Ct. App. 1989)   Cited 19 times
    In People v Gregorczyk, 178 Mich. App. 1; 443 N.W.2d 816 (1989), the defendant was sentenced to an invalid sentence of five to twenty years for a controlled substances violation.

    It has also been held that "[t]he test for denial of due process depends in each case upon the facts thereof." In re Meissner, 358 Mich. 696, 698; 101 N.W.2d 243 (1960). In this case, due process would require, at a minimum, an inquiry into the facts, circumstances and reasoning surrounding defendant's discharge.