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Michigan Court of Appeals· 5/24/2006

People v. Conley

Citations

  • 715 N.W.2d 377
  • 270 Mich. App. 301

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that MCL 769.34(10) did not preclude granting relief on the defendant’s argument that his Fifth Amendment rights were violated when the sentencing court based the within-guidelines sentence, in part, on defendant’s refusal to admit guilt
  • holding that MCL 769.34(10) did not preclude granting relief on the defendant’s argument that his Fifth Amendment rights were violated when the sentencing court based the within-guidelines sentence, in part, on defendant’s refusal to admit guilt
  • holding that MCL 769.34(10) did not preclude granting relief on the defendant’s argument that his Fifth Amendment rights were violated when the sentencing court based the within-guidelines sentence, in part, on defendant’s refusal to admit guilt
  • holding that although the trial court never asked the defendant to admit his guilt, it did ask the defendant for the location of the gun used in the defendant’s convicted offenses and, if the defendant had revealed that information, he would have incriminated himself
  • explaining a court may not consider a defendant’s refusal to admit guilt when sentencing him or her
  • “It is axiomatic that a statutory provision, such as MCL 769.34[10], cannot authorize action in violation of the federal or state constitutions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smolensk, Wffltbeck, O'Connell

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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