as-applied constitutional challenge in Michigan

2021Although we recognize defendant’s arguments, we are bound by People v Carp, 496 Mich 440, 518, 520-521 ; 852 NW2d 801 (2014), in which our Supreme Court rejected these arguments.

2021Although we recognize defendant’s arguments, we are bound by People v Carp, 496 Mich 440, 518, 520-521 ; 852 NW2d 801 (2014), in which our Supreme Court rejected these arguments.

2024The Michigan Supreme Court has held cruel and unusual punishment exists for a 20-year sentence to prison for a 23-year-old man with no prior convictions for the distribution of any slip op at 9 n 10 (“An as-applied constitutional challenge is based upon the particular facts surrounding defendant’s conviction and sentence.”), with Council of Organizations & Others for Ed About Parochiaid, Inc v Governor, 455 Mich 557, 568 ; 566 NW2d 208 (1997) (explaining that a facial challenge, by contrast, requires proof that under “no set of circumstances” would the law be valid) (quotation marks and citati

2024The Michigan Supreme Court has held cruel and unusual punishment exists for a 20-year sentence to prison for a 23-year-old man with no prior convictions for the distribution of any slip op at 9 n 10 (“An as-applied constitutional challenge is based upon the particular facts surrounding defendant’s conviction and sentence.”), with Council of Organizations & Others for Ed About Parochiaid, Inc v Governor, 455 Mich 557, 568 ; 566 NW2d 208 (1997) (explaining that a facial challenge, by contrast, requires proof that under “no set of circumstances” would the law be valid) (quotation marks and citati

2024The Michigan Supreme Court has held cruel and unusual punishment exists for a 20-year sentence to prison for a 23-year-old man with no prior convictions for the distribution of any slip op at 9 n 10 (“An as-applied constitutional challenge is based upon the particular facts surrounding defendant’s conviction and sentence.”), with Council of Organizations & Others for Ed About Parochiaid, Inc v Governor, 455 Mich 557, 568 ; 566 NW2d 208 (1997) (explaining that a facial challenge, by contrast, requires proof that under “no set of circumstances” would the law be valid) (quotation marks and citati

2015The Michigan Supreme Court summarized the principles of equal protection law in Shepherd Montessori Ctr Milan v Ann Arbor Charter Tp, 486 Mich 311, 313, 318-320 ; 783 NW2d 695 (2010), which considered a plaintiff’s as-applied constitutional challenge to a zoning ordinance after the defendants denied the plaintiff’s request for a variance: The equal protection clauses of the Michigan and United States constitutions provide that no person shall be denied the equal protection of the law.

2015The Michigan Supreme Court summarized the principles of equal protection law in Shepherd Montessori Ctr Milan v Ann Arbor Charter Tp, 486 Mich 311, 313, 318-320 ; 783 NW2d 695 (2010), which considered a plaintiff’s as-applied constitutional challenge to a zoning ordinance after the defendants denied the plaintiff’s request for a variance: The equal protection clauses of the Michigan and United States constitutions provide that no person shall be denied the equal protection of the law.

2014Like the restrictions preventing felons, the mentally ill, or illegal drug users from possessing firearms because they are viewed as at-risk people in society who should not bear arms, individuals under the influence of alcoholic liquor may also pose a serious danger to society if permitted to possess or carry firearms because *556 those individuals will have “difficulty exercising self-control, making it dangerous for them to possess deadly firearms.” At this juncture, assuming that the statute at hand is facially constitutional, the issue is whether the statute, as applied to defendant, is u

2014With respect to an as-applied constitutional challenge of MCL 750.237, “the threshold inquiry is whether MCL 750.237 regulates conduct that falls within the scope of the Second Amendment right as historically understood.” Deroche, 299 Mich App at 308-309 (discussing the first prong of a two-pronged approach as adopted from the opinion of the United States Court of Appeals for the Sixth Circuit in United States v Greeno, 679 F3d 510, 518 (CA 6, 2012)).

2014With respect to an as-applied constitutional challenge of MCL 750.237, “the threshold inquiry is whether MCL 750.237 regulates conduct that falls within the scope of the Second Amendment right as historically understood.” Deroche, 299 Mich App at 308-309 (discussing the first prong of a two-pronged approach as adopted from the opinion of the United States Court of Appeals for the Sixth Circuit in United States v Greeno, 679 F3d 510, 518 (CA 6, 2012)).