Beck violation (Michigan) · Go Syfert
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Beck violation in Michigan

6 Michigan opinions name it 1 courts 2016–2026 5 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People of Michigan v. Jarrett Delmar Beesleygreen
michctapp · 2021 · cited in 2 Michigan opinions naming this issue, 2024–2026
2 sentences

2026This Court has clarified that “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” People v Ventour, 349 Mich App 417 , 434; 27 NW3d 660 (2023) (quotation marks and citation omitted), and “if the sentencing court specifically reference[s] acquitted offenses as part of its sentencing rationale, a Beck violation [is] apparent,” Beesley, 337 Mich App at 63 (quotation marks and citation omitted).

2026This Court has clarified that “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” People v Ventour, 349 Mich App 417 , 434; 27 NW3d 660 (2023) (quotation marks and citation omitted), and “if the sentencing court specifically reference[s] acquitted offenses as part of its sentencing rationale, a Beck violation [is] apparent,” Beesley, 337 Mich App at 63 (quotation marks and citation omitted).

22
People of Michigan v. Christopher Wayne Stokesgreen
michctapp · 2020 · cited in 2 Michigan opinions naming this issue, 2024–2025
2 sentences

2025In Beck, 504 Mich at 629, our Supreme Court held that “reliance on acquitted conduct at sentencing is barred by the Fourteenth Amendment.” “There must be some evidence in the record that the sentencing court relied on such information to warrant finding a Beck violation.” Stokes, 333 Mich App at 311-312.

2025In Beck, 504 Mich at 629, our Supreme Court held that “reliance on acquitted conduct at sentencing is barred by the Fourteenth Amendment.” “There must be some evidence in the record that the sentencing court relied on such information to warrant finding a Beck violation.” Stokes, 333 Mich App at 311-312.

22
People of Michigan v. Recondo Glenn Ventourgreen
michctapp · 2023 · cited in 1 Michigan opinions naming this issue, 2026–2026
2 sentences

2026This Court has clarified that “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” People v Ventour, 349 Mich App 417 , 434; 27 NW3d 660 (2023) (quotation marks and citation omitted), and “if the sentencing court specifically reference[s] acquitted offenses as part of its sentencing rationale, a Beck violation [is] apparent,” Beesley, 337 Mich App at 63 (quotation marks and citation omitted).

2026This Court has clarified that “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” People v Ventour, 349 Mich App 417 , 434; 27 NW3d 660 (2023) (quotation marks and citation omitted), and “if the sentencing court specifically reference[s] acquitted offenses as part of its sentencing rationale, a Beck violation [is] apparent,” Beesley, 337 Mich App at 63 (quotation marks and citation omitted).

11
McAuley v. General Motors Corp.red
mich · 1998 · cited in 1 Michigan opinions naming this issue, 2022–2022
2 sentences

2022See McAuley v Gen Motors Corp, 457 Mich 513, 518 ; 578 NW2d 282 (1998) (“Statutes should be construed so as to prevent absurd results, injustice, or prejudice to the public interest.”). 7 R 791.7716 provides, in pertinent part: (1) Parole guidelines that do not create disparities in release decisions based on race, color, national origin, gender, religion or disability shall be used to assist the parole board in making release decision[s] that enhance the public safety. * * * (3) A parole guideline score shall be based on a combination of the length of time the prisoner has been incarcerated f

2022See McAuley v Gen Motors Corp, 457 Mich 513, 518 ; 578 NW2d 282 (1998) (“Statutes should be construed so as to prevent absurd results, injustice, or prejudice to the public interest.”). 7 R 791.7716 provides, in pertinent part: (1) Parole guidelines that do not create disparities in release decisions based on race, color, national origin, gender, religion or disability shall be used to assist the parole board in making release decision[s] that enhance the public safety. * * * (3) A parole guideline score shall be based on a combination of the length of time the prisoner has been incarcerated f

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Hendricks green
mich · 1994
1 sentence

2026The trial court acknowledged that defendant was charged with, and acquitted of, unlawfully driving away a motor vehicle, pursuant to MCL 750.413.3 But the trial court explained that the jurors later informed the court that they only found defendant not guilty of that offense “because they thought that [Byrd] might have allowed [defendant] to drive the car.” Nevertheless, because: (1) “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” Ventour, 349 Mich App at 434 (quotation marks and citation omitted; emphasis added); and

12026–2026
People v. Hendricks green
michctapp · 1993
2 sentences

2026The trial court acknowledged that defendant was charged with, and acquitted of, unlawfully driving away a motor vehicle, pursuant to MCL 750.413.3 But the trial court explained that the jurors later informed the court that they only found defendant not guilty of that offense “because they thought that [Byrd] might have allowed [defendant] to drive the car.” Nevertheless, because: (1) “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” Ventour, 349 Mich App at 434 (quotation marks and citation omitted; emphasis added); and

2026The trial court acknowledged that defendant was charged with, and acquitted of, unlawfully driving away a motor vehicle, pursuant to MCL 750.413.3 But the trial court explained that the jurors later informed the court that they only found defendant not guilty of that offense “because they thought that [Byrd] might have allowed [defendant] to drive the car.” Nevertheless, because: (1) “a sentencing court may not rely even in part on acquitted conduct when imposing a sentence for the defendant’s conviction,” Ventour, 349 Mich App at 434 (quotation marks and citation omitted; emphasis added); and

12026–2026
Morales v. Michigan Parole Bd. green
michctapp · 2004
1 sentence

2022Although Michigan law makes it explicitly clear that a prisoner has no right to parole, constitutional or otherwise, see, Morales, 260 Mich App at 39 ; MCL 791.235(1), it does not follow that plaintiff is barred from challenging the Parole Board’s consideration of acquitted conduct in a writ of mandamus, on the basis of Beck, on the grounds that defendant failed to comply with its statutory obligations.6 6 Although Beck did not exist at the time plaintiff filed his first appeal, similar concerns apply to post-Beck defendants.

12022–2022
United States v. Watts green
scotus · 1997
2 sentences

2021Finally, “[i]n the absence of evidence presented by the defendant demonstrating that a sentencing court actually relied on acquitted conduct when sentencing a defendant, the defendant is not entitled to resentencing.” Id. at ___; slip op at 5.

2021Finally, “[i]n the absence of evidence presented by the defendant demonstrating that a sentencing court actually relied on acquitted conduct when sentencing a defendant, the defendant is not entitled to resentencing.” Id. at ___; slip op at 5.

12021–2021
Hazle v. Ford Motor Co. green
mich · 2001
1 sentence

2016Id.

12016–2016

Where else courts name it

CA 14 (1995–2025) TX 11 (1980–2026) GA 7 (1984–2020) MI 6 (2016–2026) OK 5 (2011–2018) AZ 4 (1985–2012) PA 4 (2010–2018) KS 3 (2004–2020) WV 3 (1987–2023) MD 3 (1989–1998) AK 3 (1991–1992) MO 2 (2021–2021) IA 2 (1975–2014) MS 2 (2008–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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