State v. Bischoff
Annotate this Case
The Supreme Court affirmed the judgment of the appellate court determining that Public Acts, Spec. Session, June 2015, No. 15-2, 1 (Spec. Sess. P.A. 15-2) does not apply retroactively, holding that the plain language of Spec. Sess. P.A. 15-2, 1 clearly and unambiguously prohibits retroactive application.
Defendant was found guilty of one count of possession of less than four ounces of a cannabis-type substance and of two counts of possession of narcotics. Defendant filed a motion to correct an illegal sentence, which the trial court denied. The appellate court affirmed. Defendant appealed, arguing that a prospective-only application of the amendment would lead to an absurd or unworkable result and, alternatively, that the Supreme Court should adopt the amelioration doctrine. The Supreme Court affirmed and declined the invitation to adopt the amelioration doctrine, holding that the amendment does not apply retroactively and that this conclusion does not lead to an absurd or unworkable result.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.