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Wayne Michigan Form 1125-A: What You Should Know

The People of the State of Michigan, as ACICI Curiae, urging reversal.  Defendant, the Michigan Department of Corrections, is a party.  In support thereof, Plaintiffs present their own evidence. In the case at bar, the defendant is the State of Michigan, represented by David J. Hollentainer, Attorney General.  Plaintiffs have also included evidence of two previous cases decided by the court in which the court has reversed its prior decision in favor of the defendant. The People have presented and presented to the court specific facts as to the facts alleged above to the contrary to this motion. The Court finds that at least one fact set forth in the People's written factual statement can be established by evidence in the court record. Accordingly, the court finds that sufficient facts exist in the court record to reverse its previous decision, which was reversed by an appellate court. The Court further finds that the People's written factual statement can be used to prove the following facts, all of which are sufficient to support the People's position.  In March 2000, in an effort to save money, a Wayne County (MI) Department of Justice (DOJ) juvenile court judge ordered that a 15-year-old male student detained by the DOJ must remain in solitary confinement for the first 90 days of his life as a condition of probation.  The juvenile court hearing officer ordered that the defendant be returned to “a juvenile detention center” if he declined to agree to the conditions of probation. The DOJ then transferred the juvenile to a juvenile hall in Jackson. The defendant subsequently pled guilty to a class A misdemeanor count of possession of cocaine with intent to deliver and agreed to probation in exchange for the following conditions of his probation.  He was not to have contact with the defendant, who was a juvenile, the defendant, or his family because of the prior criminal history of the defendant, nor could he possess any drugs; he was not to attend school; he was to abide by all drug tests; he was to do work with a counselor; and, most importantly, he promised to report any drug activity to the juvenile court judge overseeing him.  After a further 10 months following completion of the court-ordered sentence, the defendant successfully completed probation. In December, the juvenile court judge returned the defendant to the DOJ juvenile detention hall.

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