e-Journal Summary

e-Journal Number : 74470
Opinion Date : 12/17/2020
e-Journal Date : 01/05/2021
Court : Michigan Court of Appeals
Case Name : McCann v. State of MI
Practice Area(s) : Corrections
Judge(s) : Per Curiam - Boonstra, Gadola, and Tukel
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Issues:

The Wrongful Imprisonment Compensation Act (WICA) (MCL 691.1751 et seq); MCL 691.1753; “State correctional facility”; MCL 691.1752(d); MCL 691.1755; Compensation for time spent in preconviction detention; Sanford v Michigan

Summary

Pursuant to Sanford, the court vacated the judgment of the Court of Claims to the extent that it awarded plaintiff compensation for his detention before he was incarcerated in a state correctional facility, and remanded. Plaintiff was awarded $87,672.25 under the WICA. He spent 336 days in the county jail before his plea-based conviction for perjury. In light of the Supreme Court’s decision in Sanford, the court held that plaintiff was “not eligible to receive compensation for this detainment period.” However, he was “entitled to compensation for the time he served in the Michigan DOC, which was 268 days.”

Full PDF Opinion