State v. Mischler

How courts have described this case

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

• holding, in guidelines 18 departure analysis in a non-death case, that “lack of remorse to support a departure sentence cannot be inferred from either the mere exercise of a constitutional right or a continuing assertion of innocence”
• in order to constitute a valid basis for departure, the justification must be supported by facts proven beyond every reasonable doubt
• facts supporting a reason for departure must be credible and proven beyond a reasonable doubt
• \`[C]lear and convincing reasons' require that the facts supporting the reasons be credible and proven beyond a reasonable doubt.\
• defendant's lack of remorse could not support upward departure sentence where defendant claimed she was innocent of charged offense
• “Embezzlement is broadly defined as the fraudulent appropriation of another’s property by a person to whom it has been entrusted or into whose hands it has lawfully come.”

Source: CourtListener parenthetical corpus (CC0).