sentence violates principle (Michigan) · Go Syfert
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sentence violates principle in Michigan

31 Michigan opinions name it 2 courts 1991–2026 8 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 (3)

CaseFollowedCited
People v. Milbournred
mich · 1990 · cited in 14 Michigan opinions naming this issue, 1991–2021
2 sentences

2021In Benton, 294 Mich App at 205-205, this Court 1 The reasonableness of a sentence is determined by evaluating whether the sentence violates the principle of proportionality, “ ‘which requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.’ ” Steanhouse, 500 Mich at 474, quoting Milbourn, 435 Mich at 636 . -6- determined that the severity of the 25-year mandatory minimum sentence imposed was not disproportionate to the gravity of an adult committing a sexual crime against a child less than 13 years old,

2018Hence, appellate review of the sentence imposed is for abuse of discretion, to determine whether the sentence violates the principle of proportionality, ‘which requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.’ ” Id., citing People v Milbourn, 435 Mich 630, 636, 651-652 ; 461 NW2d 1 (1990).

514
People v. Cervantesgreen
mich · 1995 · cited in 2 Michigan opinions naming this issue, 1996–1997
2 sentences

1997People v Cervantes, 448 Mich 620, 622, 630 ; 532 NW2d 831 (1995) .

1997People v Cervantes, 448 Mich 620, 622, 630 ; 532 NW2d 831 (1995) .

22
People v. Tannergreen
mich · 1972 · cited in 1 Michigan opinions naming this issue, 2021–2021
2 sentences

2021People v Tanner, 387 Mich 683, 690 ; 199 NW2d 202 (1972) (“Convinced as we are, that a sentence with too short an interval between minimum and maximum is not indeterminate, -9- we hold that any sentence which provides for a minimum exceeding two-thirds of the maximum is improper as failing to comply with the indeterminant sentence act”); MCL 769.34(2)(b).

2021People v Tanner, 387 Mich 683, 690 ; 199 NW2d 202 (1972) (“Convinced as we are, that a sentence with too short an interval between minimum and maximum is not indeterminate, -9- we hold that any sentence which provides for a minimum exceeding two-thirds of the maximum is improper as failing to comply with the indeterminant sentence act”); MCL 769.34(2)(b).

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 (8)

CaseCitedYears
People v. Gatewood green
michctapp · 1996
2 sentences

1997Consequently, it has been interpreted to intend that “review of an habitual offender sentence is limited to considering whether the sentence violates the principle of proportionality set forth in [Milbourn]." People v Gatewood (On Remand), 216 Mich App 559, 560 ; 550 NW2d 265 (1996).

1997Consequently, it has been interpreted to intend that “review of an habitual offender sentence is limited to considering whether the sentence violates the principle of proportionality set forth in [Milbourn]." People v Gatewood (On Remand), 216 Mich App 559, 560 ; 550 NW2d 265 (1996).

81996–2018
People v. Hyatt green
michctapp · 2016
2 sentences

2018Hence, appellate review of the sentence imposed is for abuse of discretion, to determine whether the sentence violates the principle of proportionality, ‘which requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.’ ” Id., citing People v Milbourn, 435 Mich 630, 636, 651-652 ; 461 NW2d 1 (1990).

2018Hence, appellate review of the sentence imposed is for abuse of discretion, to determine whether the sentence violates the principle of proportionality, ‘which requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.’ ” Id., citing People v Milbourn, 435 Mich 630, 636, 651-652 ; 461 NW2d 1 (1990).

82017–2018
People v. Steanhouse green
michctapp · 2015
2 sentences

2026An abuse of discretion occurs when the sentence violates the principle of proportionality as set forth in Milbourn.1 People v Steanhouse, 500 Mich 453 , 459-460; 902 NW2d 327 (2017).

2026An abuse of discretion occurs when the sentence violates the principle of proportionality as stated in Milbourn.5 People v Steanhouse, 500 Mich 453 , 459-460; 902 NW2d 237 (2017).

32016–2026
People of Michigan v. Trevin Michael Teike green
michctapp · 2023
2 sentences

2026Id. “[T]he principle of proportionality simply requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.” Id. at 537-538 (quotation marks and citation omitted).

2026Id. “[T]he principle of proportionality simply requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.” Id. at 537-538 (quotation marks and citation omitted).

22026–2026
People v. Skinner green
mich · 2018
2 sentences

2021Skinner, 502 Mich at 131-132 .

2020Skinner, 502 Mich at 131-132 .

22020–2021
Lentz v. Mumy Well Service green
mich · 1954
1 sentence

2025People v Dixon-Bey, 340 Mich 1 Maher testified that she became aware of the man in her apartment at approximately 6:00 a.m. that morning.

12025–2025
People of Michigan v. Mohammad Masroor green
mich · 2016
1 sentence

2016Thus, we conclude that as a matter of law, a defendant receiving a sentence that is an upward departure cannot show prejudice and therefore cannot establish plain error. [Id. at 395 n 31.] In People v Steanhouse, 313 Mich App 1, 44-48 ; 880 NW2d 297 (2015), lv gtd 499 Mich 934 (2016), this Court clarified that a trial court abuses its discretion in imposing a sentence if the sentence violates the principle of proportionality test as set out in People v Milbourn, 435 Mich 630 ; 461 NW2d 1 (1990).

12016–2016
People v. Parrish green
michctapp · 1996
2 sentences

2001People v Milbourn, 435 Mich 630, 636 ; 461 NW2d 1 (1990); People v Parrish, 216 Mich App 178, 184 ; 549 NW2d 32 (1996).

2001People v Milbourn, 435 Mich 630, 636 ; 461 NW2d 1 (1990); People v Parrish, 216 Mich App 178, 184 ; 549 NW2d 32 (1996).

12001–2001

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.12 (11) MI § Mich. Comp. Laws § 750.227b (9) MI § Mich. Comp. Laws § 769.25 (6) MI § Mich. Comp. Laws § 750.316 (5) MI § Mich. Comp. Laws § 769.25a (5) MI § Mich. Comp. Laws § 333.7401 (4) MI § Mich. Comp. Laws § 750.529 (4) MI § Mich. Comp. Laws § 769.10 (4) MI § Mich. Comp. Laws § 750.157b (3) MI § Mich. Comp. Laws § 750.520b (3) MI § Mich. Comp. Laws § 750.83 (3) MI § Mich. Comp. Laws § 769.34 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 31 (1991–2026) IL 16 (2021–2026) RI 3 (1988–1997) NM 3 (2005–2005) NJ 2 (1994–1994)

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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