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One Court of Justice Blog

Jun 2015
04
June 04, 2015

COA rules that trial court may not impose consecutive sentence unless authorized by statute

In People v. Bailey, No. 318479, the Court of Appeals held that a trial court does not have discretion to impose a consecutive sentence for multiple counts of first-degree criminal sexual conduct (CSC I) when those counts do not arise from the “same transaction.” Even though defendant’s pattern of abuse continued for multiple years, it was a series of discrete acts rather than one transaction, and thus consecutive sentencing was inappropriate.  The court remanded for resentencing and affirmed the defendant’s convictions on all four counts of CSC I.


 

Jun 2015
04
June 04, 2015

MSC to hear mini-oral argument on propriety of reversing a JNOV

The Michigan Supreme Court granted mini-oral argument in Abbo v. Wireless Toyz Franchise, LLC, No. 149536, to hear the issue of whether the Court of Appeals erred by reversing the Oakland Circuit Court order granting the defendants’ motion for judgment notwithstanding the verdict.

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