People v. Giacalone

19 Citing cases

  1. Puertas v. Michigan Department of Corrections

    88 F. Supp. 2d 775 (E.D. Mich. 2000)   Cited 11 times

    On January 27, 2000, the Oakland County Prosecutor filed an Application for Leave to Appeal and a Motion for Immediate Consideration with the Michigan Supreme Court. On February 9, 2000, the Michigan Supreme Court granted the Prosecutor's Motion for Immediate Consideration, vacated the Michigan Court of Appeals' order granting bond, and remanded the case to that court for reconsideration of Petitioner's motion for bond with instructions to issue an order delineating its rationale for granting or denying bond pursuant to the factors set forth inPeople v. Giacalone, 16 Mich. App. 352 (1969). The Giacalone factors are: (1) "[t]he likelihood that the defendant will appear when required in response to the order of the Court"; (2) "[t]he potential of harm to the community in the defendant being at large during the pendency of the appeal"; (3) "[t]he substantiality of the grounds of appeal"; and (4) "[t]he risk to the proper administration of justice."

  2. People v. Nevers

    462 Mich. 913 (Mich. 2000)

    The application for leave to appeal from the May 26, 2000, decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), we REVERSE the order of the Court of Appeals granting the defendant's motion for bond pending appeal. The Court of Appeals evaluated the case using the factors listed in People v Giacalone, 16 Mich. App. 352 (1969). However, bond pending appeal from an assaultive crime is specifically governed by the stricter standard of MCL 770.9a, MSA 28.1106(1), which requires "clear and convincing evidence" (1) that defendant is not likely to pose a danger to others, and (2) that the appeal raises a substantial question of law or fact.

  3. People v. Puertas

    461 Mich. 971 (Mich. 2000)

    The defendant does not satisfy the criteria for release on an appeal bond. MCR 7.209 and People v Giacalone, 16 Mich. App. 352 (1969). We further ORDER that the defendant report to the Department of Corrections, the Oakland County Sheriff or the Michigan State Police not later than 3:00 p.m. on March 4, 2000.

  4. People v. Sligh

    431 Mich. 673 (Mich. 1988)   Cited 12 times
    Stating that "the amendment does not suggest that factors such as those listed in People v Giacalone do not have continued relevance to all crimes, assaultive or not"

    There is no mention of the applicability of the statute to a reversal of a conviction by the Court of Appeals and subsequent appeal to this Court. The amendment does not suggest that factors such as those listed in People v Giacalone, 16 Mich. App. 352; 167 N.W.2d 871 (1969), do not have continued relevance to all crimes, assaultive or not. See also anno: Right of defendant in state court to bail pending appeal from conviction โ€” Modern cases, 28 ALR4th 227.

  5. People of the City of Auburn Hills v. Mason

    No. 367687 (Mich. Ct. App. Sep. 13, 2023)

    On the Court's own motion, defendant is to be immediately released on personal recognizance bond pending appeal. Defendant satisfies the criteria for release pending appeal. See People v Giacalone, 16 Mich.App. 352, 354; 167 N.W.2d 871 (1969). Defendant shall be admitted to bail pending resolution of this appeal or further order of this Court, and the district court shall effectuate defendant's immediate release.

  6. People of Oxford Twp. v. Leeds

    No. 367458 (Mich. Ct. App. Aug. 24, 2023)

    See People vGiacalone, 16 Mich.App. 352, 354; 167 N.W.2d 871 (1969). Defendant shall be admitted to bail pending resolution of this appeal or further order of this Court, and the district court shall effectuate defendant's immediate release.

  7. People of Orion Twp. v. Leeds

    No. 367456 (Mich. Ct. App. Aug. 24, 2023)

    On the Court's own motion, defendant is to be immediately released on personal recognizance bond pending appeal. Defendant satisfies the criteria for release pending appeal. See People v Giacalone, 16 Mich.App. 352, 354; 167 N.W.2d 871 (1969). Defendant shall be admitted to bail pending resolution of this appeal or further order of this Court, and the district court shall effectuate defendant's immediate release.

  8. People v. Simpson

    No. 360957 (Mich. Ct. App. Apr. 21, 2022)

    Defendant satisfies the criteria for release pending appeal. See People v Giacalone, 16 Mich.App. 352, 354; 167 N.W.2d 871 (1969). Defendant shall be admitted to bail pending resolution of this appeal or further order of this Court, and the district court shall effectuate defendant's release immediately.

  9. Manuel v. Dep't of Corrections

    140 Mich. App. 356 (Mich. Ct. App. 1985)   Cited 9 times

    GCR 1963, 816.2(2)(g); People v Giacalone, 16 Mich. App. 352; 167 N.W.2d 871 (1969). Following trial by jury, plaintiff was convicted of first-degree murder in the Ingham County Circuit Court in 1978.

  10. Citizens for Justice v. Goldfarb

    88 Mich. App. 519 (Mich. Ct. App. 1979)   Cited 10 times

    This focus on the nature of bail as a merely private undertaking ignores its reality as a method of securing the constitutional and statutory right to bail. Const 1963, art 1, ยง 15, MCL 765.6; MSA 28.893, People v Giacalone, 16 Mich. App. 352, 354; 167 N.W.2d 871 (1969). While not absolute in all cases, the right to bail is recognized as fundamental, and is based upon the presumption of innocence that attaches to an individual prior to trial.