Opinion
SC: 164066 COA: 357557
03-10-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Najee Hakeem FRANKLIN, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 21, 2021 judgment of the Court of Appeals is considered, and it is DENIED, there being no majority in favor of granting leave to appeal or taking other action.
Viviano, J. (dissenting).
The issues raised in this case relating to the 180-day rule in MCL 780.131 and MCL 780.133 are the same as those posed by People v Witkoski (Docket No. 164337, 2023 WL 2454462 ). My dissent from the Court's denial order in that case explains my concern that the results in these cases allow for no meaningful limitation on courts’ ability to delay trials for prisoners subject to the statutory 180-day rule. I would therefore grant leave to appeal in Witkoski and this case to consider these important issues. Consequently, I dissent from the Court's denial of leave to appeal in this case.
Bolden, J., did not participate.