Michigan Court of Appeals, 1972

Winegar v. Department of Corrections

Michigan Court of Appeals · Decided June 2, 1972 · Docket No. 13714 · Danhof, McGregor, Quinn

41 Mich. App. 318

Cases that cite this one

4 later published cases cite this decision.

People v. McMillan (Mich. 1973)
Winegar v. Corrections Department (District Court, W.D. Michigan 1977)
Winegar v. Dept. of Corrections (Mich. Ct. App. 1972)
People v. Wickham (Mich. Ct. App. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Defendant has filed a complaint for habeas corpus which is treated herein as an application for leave to take a delayed appeal from a conviction based upon a plea of guilty to the crime of kidnapping. MCLA 750.349; MSA 28.581._

*319On January 24, 1962, the defendant entered his plea of guilty. An appeal was taken and the conviction upon the plea was affirmed by this Court. People v Winegar, 13 Mich App 162 (1968). Leave to appeal was denied, 381 Mich 799 (1969).

Defendant alleges that his plea did not conform to the requirements of Boykin v Alabama, 395 US 238; 89 S Ct 1709; 23 L Ed 2d 274 (1969), and People v Jaworski, 387 Mich 21 (1972). The Supreme Court has determined that the requirements of Boykin are not to be made retroactive beyond June 2, 1969. People v Butler, 387 Mich 1 (1972); People v Carlisle, 387 Mich 269 (1972).

Leave to appeal denied.

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