constitutional separation of powers doctrine (Michigan) · Go Syfert
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constitutional separation of powers doctrine in Michigan

6 Michigan opinions name it 1 courts 1999–2026 2 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Morrowgreen
michctapp · 1995 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026Based upon the precedent already discussed, the trial court’s dismissal violated the constitutional separation of powers doctrine and was an abuse of discretion because: (1) no permissive statute is cited; (2) there was no determination by the trial court that the evidence was insufficient for a conviction; and (3) there was no determination by the court that any “activities or decisions by the prosecutor that [were] unconstitutional, illegal, or ultra vires.” Stewart, 52 Mich App at 482-483; Morrow, 214 Mich App at 161-162.

11
People v. Stewartgreen
michctapp · 1974 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026Based upon the precedent already discussed, the trial court’s dismissal violated the constitutional separation of powers doctrine and was an abuse of discretion because: (1) no permissive statute is cited; (2) there was no determination by the trial court that the evidence was insufficient for a conviction; and (3) there was no determination by the court that any “activities or decisions by the prosecutor that [were] unconstitutional, illegal, or ultra vires.” Stewart, 52 Mich App at 482-483; Morrow, 214 Mich App at 161-162.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Hackel v. Macomb County Commission green
michctapp · 2012
1 sentence

2022Hackel, 298 Mich App at 327 .

12022–2022
Taylor v. Auditor General green
mich · 1960
1 sentence

2014Id. [Littsey v Bd of Governors of Wayne State Univ, 108 Mich App 406, 412 ; 310 NW2d 399 (1981).] Given that the Court of Claims was created by legislation, the amendment of that legislation does not run afoul of the constitutional separation-of-powers doctrine.

12014–2014
Littsey v. Board of Governors of Wayne State University green
michctapp · 1981
2 sentences

2014Id. [Littsey v Bd of Governors of Wayne State Univ, 108 Mich App 406, 412 ; 310 NW2d 399 (1981).] Given that the Court of Claims was created by legislation, the amendment of that legislation does not run afoul of the constitutional separation-of-powers doctrine.

2014Id. [Littsey v Bd of Governors of Wayne State Univ, 108 Mich App 406, 412 ; 310 NW2d 399 (1981).] Given that the Court of Claims was created by legislation, the amendment of that legislation does not run afoul of the constitutional separation-of-powers doctrine.

12014–2014
Danse Corp. v. City of Madison Heights green
mich · 2002
1 sentence

2012Id.

12012–2012
Wayne County Prosecutor v. Parole Board green
michctapp · 1995
1 sentence

2000Because the circuit court improperly substituted its judgment for that of respondent, Wayne County Prosecutor, supra, we reverse the circuit court order reversing respondent’s denial of petitioner’s parole. *635 n Respondent and the prosecutor also assert that, even assuming respondent abused its discretion in denying petitioner parole, the circuit court lacked authority to order respondent to release petitioner on parole because such an order violates the constitutional separation of powers doctrine. 2 Whether a violation of the separation of powers doctrine has occurred is a question of law

12000–2000
People v. Sierb green
mich · 1998
2 sentences

2000People v Sierb, 456 Mich 519, 522 ; 581 NW2d 219 (1998).

2000People v Sierb, 456 Mich 519, 522 ; 581 NW2d 219 (1998).

12000–2000
Hopkins v. Parole Board green
michctapp · 2000
1 sentence

1999Hopkins v Parole Bd, 237 Mich App 629 ; _ NW2d _ (1999).

11999–1999

Where else courts name it

MD 13 (1980–2018) TX 11 (1986–2015) CA 8 (1988–2020) MI 6 (1999–2026) WA 6 (2005–2026) KS 5 (2009–2024) AK 4 (1986–2022) OH 3 (1980–2023) LA 3 (1992–2012) PA 3 (1986–2016) IL 3 (1994–2003) NY 3 (2015–2017) FL 2 (1990–2010) GA 2 (2010–2024) AR 2 (1992–1997) NV 2 (2013–2021) NM 2 (2001–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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