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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

MCL 769.13 requires a prosecutor seeking an enhanced sentence for a habitual offender to provide the defendant with notice and file proof of service of that notice with the court. In&nbsp;<em>People v. Swift</em>, the Court of Appeals held&nbsp;in an <a href="http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20150219_C318680_54_318680.OPN.PDF" target="_blank" rel="noopener">unpublished opinion</a> that providing the defendant with copies of the felony warrant, complaint, and information satisfied the notice requirement as long as those documents indicated an enhanced sentence. It further held that failure to file written proof of service of that notice with the court amounted to harmless error if the defendant did in fact have notice that the prosecution would seek an enhanced sentence.

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In October, the <a href="https://www.wnj.com/updates/msc-to-hear-moaa-on-whether-prosecutor-satisfied-notice-requirements-when-seeking-enhanced-sentence" target="_blank" rel="noreferrer noopener">MSC ordered mini-oral argument on these issues</a>. Following argument and briefing, the MSC denied leave to appeal and will not issue an opinion. <a href="http://publicdocs.courts.mi.gov/SCT/PUBLIC/ORDERS/151439_76_01.pdf" target="_blank" rel="noopener"><em>People v. Swift</em>, No. 151439</a>.

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MSC denies leave following MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence

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MSC denies leave following MOAA on whether prosecutor satisfied notice requirements when seeking enhanced sentence

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