e-Journal Summary

e-Journal Number : 66364
Opinion Date : 10/31/2017
e-Journal Date : 11/06/2017
Court : Michigan Supreme Court
Case Name : People v. Shank
Practice Area(s) : Criminal Law
Judge(s) : Markman, Zahra, McCormack, Viviano, Bernstein, Larsen, and Wilder
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Issues:

Sentencing; Upward departure; People v. Steanhouse; Reasonableness of a departure sentence; People v. Lockridge; People v. Milbourn

Summary

In an order in lieu of granting leave to appeal the Court of Appeals’ judgment (see e-Journal # 61285 in the 11/19/15 edition for the published opinion), the court reversed that judgment and remanded the case to the Court of Appeals. In its judgment, the Court of Appeals had remanded the case to the trial court for proportionality review and for a hearing pursuant to Lockridge. The court now remanded the case to the Court of Appeals for plenary review of defendant’s sentencing claims, including his claim that his sentence was disproportionate, applying the Milbourn standard.

Full PDF Opinion