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People v. Lewandowski

Supreme Court of Michigan
Aug 19, 1975
394 Mich. 529 (Mich. 1975)

Summary

In Lewandowski, where defendant pled guilty to second-degree murder in the shooting death of his wife and wounding of a subsequent pursuer, defendant later attempted to withdraw his pleas claiming he suffered amnesia at the time the pleas were taken. People v Lewandowski, 58 Mich. App. 18; 226 N.W.2d 843 (1975), on reh, 60 Mich. App. 455; 231 N.W.2d 392 (1975).

Summary of this case from People v. Carmichael

Opinion

Docket No. 56991.

Decided August 19, 1975.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Peter E. Deegan, Prosecuting Attorney, and Peter R. George, Chief Appellate Attorney, for the people.

Hall Andary (J. Thomas McGovern, of counsel) for defendant.


MEMORANDUM OPINION. Defendant here challenges the refusal of the trial court to grant his request, made before sentence was imposed, to withdraw his nolo contendere pleas to second-degree murder and assault with intent to murder. The Court of Appeals affirmed that refusal and the facts are more fully stated in the two opinions (one on rehearing) reported in 58 Mich. App. 18; 226 N.W.2d 843, and 60 Mich. App. 455; 231 N.W.2d 392.

Pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court hereby reverses the decisions of the Court of Appeals and the trial court denying defendant's motion to withdraw his pleas and remands the case to the trial court for further proceedings on the original charges consonant with People v Bencheck, 360 Mich. 430; 104 N.W.2d 191 (1960), and People v Zaleski, 375 Mich. 71; 133 N.W.2d 175 (1965).

T.G. KAVANAGH, C.J., and WILLIAMS, LEVIN, M.S. COLEMAN, J.W. FITZGERALD, and LINDEMER, JJ., concurred.

SWAINSON, J., took no part in the decision of this case.


Summaries of

People v. Lewandowski

Supreme Court of Michigan
Aug 19, 1975
394 Mich. 529 (Mich. 1975)

In Lewandowski, where defendant pled guilty to second-degree murder in the shooting death of his wife and wounding of a subsequent pursuer, defendant later attempted to withdraw his pleas claiming he suffered amnesia at the time the pleas were taken. People v Lewandowski, 58 Mich. App. 18; 226 N.W.2d 843 (1975), on reh, 60 Mich. App. 455; 231 N.W.2d 392 (1975).

Summary of this case from People v. Carmichael

In Lewandowski, supra, the Supreme Court, in a terse memorandum opinion, reversed the decisions of the trial court and this Court denying defendant's motion to withdraw his pleas and remanded to the trial court for proceedings on the original charges in light of Bencheck and Zaleski, supra. It is apparent from the quoted extract from Bencheck, supra, that the Supreme Court requires the exercise of judicial discretion with great liberality where defendant's motion to withdraw the plea is "not obviously frivolous".

Summary of this case from People v. Ferns
Case details for

People v. Lewandowski

Case Details

Full title:PEOPLE v LEWANDOWSKI

Court:Supreme Court of Michigan

Date published: Aug 19, 1975

Citations

394 Mich. 529 (Mich. 1975)
232 N.W.2d 173

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