Skip to main content

One Court of Justice Blog

Apr 2017
15
April 15, 2017

Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.

Judicial additions to a plainly defined word are impermissible, said the Michigan Supreme Court. In People v. Barrera, No. 151282, the court held that the trial court had correctly decided the scoring of Offense Variables (OVs) for a crime of sexual assault. Rejecting prior holdings that expanded the requirements in the relevant criminal statute, the court found that the statute means what it says—any movement, or “asportation,” that involves moving the victim to a place of greater danger results in OV 8 being scored at 15 points. The statute does not provide an “incidental movement” exception, and courts are not at liberty to add one.
 

Apr 2017
10
April 10, 2017

MSC grants leave to consider whether courts are bound by the sentence of one day to life for a conviction of indecent exposure by a sexually delinquent person

The Michigan Supreme Court granted leave to appeal in People v Arnold, No. 154764, ordering the parties to address whether MCL 750.335a(2)(c), the statute addressing indecent exposure by a sexually delinquent person, requires the mandatory imposition of a sentence of 1 day to life or whether the sentencing court may impose a sentence within the applicable sentencing guidelines range. 

Apr 2017
04
April 04, 2017

MSC grants MOAA to consider scope of defendant’s right to withdraw plea where court imposes sentence arguably inconsistent with Cobbs evaluation

In People v Velez, No. 152778, the Michigan Supreme Court granted mini-oral argument on whether the trial court imposed a sentence within the bounds of a preliminary sentence evaluation given under People v Cobbs, 443 Mich 276 (1993).

Apr 2017
03
April 03, 2017

COA: Restitution can be based on course of conduct, not just charges of conviction.

According to the Michigan Court of Appeals, a defendant may be ordered to pay full restitution, even when the prosecution drops some charges contributing to the amount owed. In People v. Bryant, No. 328512, on order of the Michigan Supreme Court, the Court of Appeals examined “the propriety of the Wayne Circuit Court’s restitution award in light of People v. McKinley, 496 Mich 410.” The court in McKinley held that a restitution award “ties ‘the defendant’s course of conduct’ to the convicted offenses and requires a causal link between them.”
 
 

Displaying results 1-6 (of 189)
 |<  < 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset