The Parole Process in Michigan

-
I have often had many questions regarding the parole process at the Michigan Department of Corrections, as I am sure many others have.  Yesterday, the Michigan Court of Appeals released their opinion in the case of People v Raymond Haeger, ____ Mich App _____ (Docket No. 297099, November 1, 2011), and the opinion provides a very detailed look and the Michigan Parole Board's responsibilities in making parole decisions and the steps the Board must take in order to render a parole decision.  In particular, the Court stated, "The MDOC recently implemented the Michigan Prisoner Reentry Initiative (MPRI), which is 'designed to promote public safety and to reduce the likelihood of parolee recidivism,' and to  'improve decision making  at critical decision points,' such as when the Board is considering whether to release a prisoner from incarceration on parole.  Under the MPRI, the MDOC and Board are now required to prepare and consider additional reports, and in particular the Transition Accountability Plan (TAP)."

If any practitioner has clients in need of advice, or family members of clients wishing to understand what lies ahead for an incarcerated loved one, Judge Gleicher's opinion is a good road map.  In Haeger's case the record contained no evidence that the Parole Board had considered or even prepared a TAP, and, therefore, the Court affirmed the Alpena Circuit Court's reversal of the parole decision.  Incidentally, the Court of Appeals had initially denied Haeger's in pro per delayed application for leave to appeal but the Michigan Supreme Court remanded the matter to the COA to consider the merits as on leave granted.  The Attorney General intervened on behalf of the Parole Board and the appellee was represented by Edward Black.

Comments

  1. The Law BloggerNovember 4, 2011 at 7:07 AM

    Paul, thanks for this useful information. Keep up the good posts! I have many former clients emerging from the MDOC that should be aware of this development.

    ReplyDelete

Post a Comment

Popular posts from this blog

MSC Rules Duress Defense Applies to 2d Degree Murder Car Crash

-
Image
  Yesterday, in a 4-3 decision with a concurrence and two dissenting opinions, the Michigan Supreme Court ruled that duress is an available defense to one form of 2d Degree Murder - willful and wanton disregard that the natural tendency of the act is to cause death or great bodily harm - often referred to as "depraved heart" murder. Justice Bridget McCormack , probably writing her final opinion as a member of the bench, was joined by Justices Bernstein, Cavanagh and Welch in the opinion in People v Gafken , Docket No.  161835 .  Theresa Gafken was convicted of second degree murder in the St. Clair County Circuit Court, MCL 750.317.  The evidence showed she drove her car, while running from the police, at speeds in excess of 100 MPH.   She ran a red light and collided with other vehicles, killing one person and severely injuring several others.  The prosecution's theory was that Gafken had intended to do an act that was in willful and wanton disregard of the likelihood of
Read more

Warrant Needed for a Barn Outside the Curtilage?

-
Image
Yesterday, the Michigan Court of Appeals issued its opinion in People v Brigitte Louise Rousse, Docket No. 358358 (May 5, 2022) , an opinion that held police, with an otherwise valid search warrant, lacked the authority to search the interior of a pole barn located outside the curtilage of the home. An animal control officer discovered a cow loose on the road near the Defendant's home.  Upon returning the cow to its pen, he observed numerous dead animals on the property in various states of decomposition.  He saw three dogs on the property that were emaciated. The Defendant had no explanation for how the animals died.  From one of the pole barns that could be observed from the road and the house, he heard the yipping of dogs.  The officer obtained a search warrant for the property.  However, in the description of the place to be searched, the officer listed only the description of the house, making no mention of the pole barns on the property.  A search of one of the pole barns rev
Read more

My Interview with Justice Maura Corrigan

-
Image
I noticed that the Court of Appeals has issued two published opinions this week dealing with criminal law, but before I post those to our blog, I wanted to alert everyone to a new feature we will be offering to our readers. Today, I am launching a new podcast called "Assistance of Counsel." By following the link here and to the right, you will be able to listen to an exclusive interview I recently had with Supreme Court Justice Maura Corrigan. Justice Corrigan was gracious enough to sit down with me and discuss various topics dealing with her career, her personal life, the day-to-day operations of the Michigan Supreme Court and the history of the court. Justice Corrigan has been on the Supreme Court since 1999, and the interview is very informative for anyone interested in the inner workings of the Court and Justice Corrigan in particular. Our new podcast offering will be an added feature linked to our blog and to our website, www.floodlaw.com. Soon, as well, our podcast
Read more