Shull v. Dugger

How courts have described this case

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

• reversing and remanding for resentencing within the guidelines where the trial court’s reasons for downward departure were invalid
• when all reasons stated by the trial court in support of departure are found invalid, resentencing must be within the presumptive guidelines range
• trial court is precluded from \enunciat[ing] new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court.\
• “[A] trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court.”
• “[W]e hold that a trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court.”
• “[W]e hold that a trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court.”

Source: CourtListener parenthetical corpus (CC0).