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People v. Smith

Citations

  • 754 N.W.2d 284
  • 482 Mich. 292

How courts have described this case

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

  • holding that the trial court was required to justify its departure from the guidelines range, despite CSC-I being a heinous crime
  • holding that a trial court’s failure to explain its departure from the sentencing guidelines entitles a defendant to a remand for resentencing or rearticulation
  • stating that it is helpful for a sentencing court to review the various sentencing grids when contemplating the extent of a departure
  • explaining that in justifying a departure sentence, it is useful to reference the sentencing guidelines as a means of comparison
  • explaining that in justifying a departure sentence, it is useful to reference the sentencing guidelines as a means of comparison
  • noting that “appellate courts may not review the record to search for reasons to uphold a sentence that the trial court failed to justify”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marilyn J. Kelly

Read full opinion on CourtListener

Cited by

54 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.