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No. 124055
| People of the State of Michigan, |
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A. George Best, II |
Plaintiff-Appellee, |
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Janet M. Boes |
vs (Appeal from Ct of Appeals) |
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(
Saginaw -- Borrello, L.) |
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| Leonard Lamont Stewart, |
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Carolyn A. Blanchard |
Defendant-Appellant. |
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Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Prosecuting Attorneys Association of Michigan's Amicus Curiae Brief>>
Background
In 1995, defendant Leonard Stewart was convicted of possession with intent to deliver over 650 grams of cocaine. Several years into his prison term, he asked the trial court to certify that he cooperated with law enforcement and could be eligible for parole in 15 years instead of 17½ years, as set forth in MCL 791.234(10). The statute states that a "prisoner is considered to have cooperated with law enforcement if the [trial] court determines on the record that the prisoner had no relevant or useful information to provide." Stewart told the trial court that he had no relevant or useful information for law enforcement at the time of his arrest, because others involved in the drug enterprise had already shared their information with the police, but he also stated that he was ready and willing to share any relevant or useful information that he might have. The trial court found that Stewart did not cooperate within the meaning of the statute. Stewart asked the Court of Appeals to review the trial court's ruling, but the appellate court denied his request. Stewart appeals.
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