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A Better Partnership
January 22, 2009

Order List: January 21, 2009

On January 21, 2009, the Michigan Supreme Court denied leave to appeal in 11 cases, and issued an order directing the Wayne County Prosecuting Attorney to answer an application for leave to appeal.

The Court also granted leave to appeal in People v. McGraw to determine several important issues regarding the Michigan Sentencing Guidelines. Specifically, the Court will consider what constitutes "the crime" for purposes of scoring the offense variable, when an offense is completed for purposes of scoring, whether an accomplice may be considered a victim for purposes of scoring under the guidelines, and whether the defendant was properly assessed ten (10) points under the guidelines for a crime involving two to nine victims where the defendant broke into an unoccupied store but, in the course of driving away, he was involved in a collision with two accomplices. The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys Association were invited to file brief amicus curiae in this matter. A copy of the order granting leave to appeal can be found here.

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