Michigan Supreme Court· 7/31/2008
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 CourtListenerCited by
54 cases in this archive cite this case; the 20 most cited are listed.
- People v. Hardy; People v. GlennMichigan Supreme Court· 2013-07-29· cited 1,181×
- People v. BennettMichigan Court of Appeals· 2010-11-02· cited 827×
- People of Michigan v. Dawn Marie Dixon-BeyMichigan Court of Appeals· 2017-09-26· cited 446×
- People v. McGrawMichigan Supreme Court· 2009-07-28· cited 392×
- People v. BoscaMichigan Court of Appeals· 2015-03-26· cited 332×
- People v. FeezelMichigan Supreme Court· 2010-06-08· cited 329×
- People v. MusserMichigan Supreme Court· 2013-07-12· cited 274×
- PEOPLE v. McCHESTERMichigan Court of Appeals· 2015-05-05· cited 214×
- People v. StokesMichigan Court of Appeals· 2015-09-08· cited 115×
- People v. LoweMichigan Supreme Court· 2009-08-13· cited 61×
- People v. MasroorMichigan Court of Appeals· 2015-11-24· cited 46×
- People v. AndersonMichigan Court of Appeals· 2012-10-23· cited 34×
- People v. WilcoxMichigan Supreme Court· 2010-05-11· cited 32×
- People v. PortellosMichigan Court of Appeals· 2012-11-13· cited 32×
- People v. LockridgeMichigan Court of Appeals· 2014-02-13· cited 29×
- People v. ShankMichigan Court of Appeals· 2015-11-17· cited 20×
- People v. MalinowskiMichigan Court of Appeals· 2013-05-23· cited 18×
- IME v. DBSMichigan Court of Appeals· 2014-08-14· cited 14×
- People v. ButlerMichigan Court of Appeals· 2016-06-02· cited 12×
- People v. AkhmedovMichigan Court of Appeals· 2012-07-26· cited 12×
Cites
20 cases in this archive are cited by this case.
- Gall v. United StatesSupreme Court· 2007-12-10· cited 20,598×
- Rita v. United StatesSupreme Court· 2007-06-21· cited 7,739×
- Koon v. United StatesSupreme Court· 1996-06-13· cited 3,761×
- People v. MilbournMichigan Supreme Court· 1990-09-11· cited 1,306×
- People v. BabcockMichigan Supreme Court· 2003-07-31· cited 930×
- Rory v. Continental InsuranceMichigan Supreme Court· 2005-07-28· cited 747×
- Robinson v. City of DetroitMichigan Supreme Court· 2000-07-18· cited 662×
- Kennedy v. LouisianaSupreme Court· 2008-06-25· cited 620×
- Buford v. United StatesSupreme Court· 2001-03-20· cited 448×
- Devillers v. Auto Club Ins. Ass'nMichigan Supreme Court· 2005-07-29· cited 255×
- People v. MacKMichigan Court of Appeals· 2005-03-17· cited 202×
- Herald Co. v. Eastern Michigan University Board of RegentsMichigan Supreme Court· 2006-07-19· cited 133×
- People v. HegwoodMichigan Supreme Court· 2001-12-04· cited 121×
- People v. FieldsMichigan Supreme Court· 1995-03-07· cited 106×
- Tom Thomas Organization, Inc. v. Reliance InsuranceMichigan Supreme Court· 1976-06-03· cited 77×
- Lewis v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court· 1986-09-17· cited 59×
- People v. BuehlerMichigan Supreme Court· 2007-02-06· cited 56×
- Lesner v. Liquid Disposal, IncMichigan Supreme Court· 2002-05-07· cited 31×
- People v. AbramskiMichigan Court of Appeals· 2003-07-23· cited 30×
- People v. PiotrowskiMichigan Court of Appeals· 1995-06-20· cited 29×
Sourced from CourtListener / Free Law Project (CC0).
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