Skip to main content

One Court of Justice Blog

Aug 2017
11
August 11, 2017

COA: Attempted crimes may be felonies for sentencing purposes; co-defendant convictions are used to score offense variables

Michigan’s Sentencing Guidelines are clear, said the Court of Appeals: defendants may do more time, even when acquitted of the crime. In People v. Jackson, No. 332307, the Michigan Court of Appeals reviewed the trial court’s scoring of Offense Variables (OV) 1, 2, and 13. First, a trial court should look at whether the underlying offense for an “attempt” conviction, in this case resisting and obstructing a police officer, is a felony to determine if defendant’s past attempt convictions were “felonious criminal activity” under OV 13.  Second, OVs 1 and 2 are properly scored for use of a weapon, even though the jury acquitted defendant of felony-firearm, because the OVs require all co-defendants to be assessed the same number of points, and the co-defendants here pled guilty to armed robbery.

 

Aug 2017
07
August 07, 2017

COA clarifies scoring of offense variable 4 of the Michigan Sentencing Guidelines regarding psychological injury to the victim

The sentencing guidelines statute indicates that offense variable 4 (“OV 4”) should be scored 10 points where “[s]erious psychological injury requiring professional treatment occurred to the victim.” MCL 777.34(1)(a). In People v Wellman, No. 332429, the Court of Appeals held that a score of 10 points under OV 4 may be appropriate whether or not the victim has undergone psychological treatment. A victim’s statements about psychological injury and other actions demonstrating psychological injury support a score of 10 points for OV 4.
 

Jul 2017
21
July 21, 2017

COA: Criminal defendant cannot withdraw plea even if court erroneously informed defendant that maximum possible sentence longer than correct maximum sentence

In People v. Winters, No. 333009, the Court of Appeals held that telling a Defendant that the maximum possible sentence for attempted arson was longer than the correct maximum sentence did not prejudice the Defendant such that he would be allowed to withdraw his plea.
 

Displaying results 1-6 (of 200)
 |<  < 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