practical application principle (Michigan) · Go Syfert
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practical application principle in Michigan

10 Michigan opinions name it 1 courts 2017–2019 0 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 (1)

CaseFollowedCited
People v. Milbournred
mich · 1990 · cited in 8 Michigan opinions naming this issue, 2017–2018
2 sentences

2018Even where some departure appears to be appropriate, the extent of the departure (rather than the fact of the departure itself) may embody a violation of the principle of proportionality. . . . [Milbourn, 435 Mich at 659-660 (emphasis added).] -4- In People v Smith, 482 Mich 292 ; 754 NW2d 284 (2008), the Supreme Court described a practical application of the principle of proportionality.

2018Even where some departure appears to be appropriate, the extent of the departure (rather than the fact of the departure itself) may embody a violation of the principle of proportionality. . . . [Milbourn, 435 Mich at 659-660 (emphasis added).] -4- In People v Smith, 482 Mich 292 ; 754 NW2d 284 (2008), the Supreme Court described a practical application of the principle of proportionality.

68

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 (1)

CaseCitedYears
People v. Smith green
mich · 2008
2 sentences

2019In People v Smith, 482 Mich 292 ; 754 NW2d 284 (2008), the Supreme Court described a practical application of the principle of proportionality. “[A] court may explain[] the similarity between the facts justifying the departure and the facts describing a crime meriting the same sentence under the guidelines.

2019In People v Smith, 482 Mich 292 ; 754 NW2d 284 (2008), the Supreme Court described a practical application of the principle of proportionality. “[A] court may explain[] the similarity between the facts justifying the departure and the facts describing a crime meriting the same sentence under the guidelines.

102017–2019

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.34 (9) MI § Mich. Comp. Laws § 777.52 (4) MI § Mich. Comp. Laws § 750.520b (3) MI § Mich. Comp. Laws § 777.34 (3) MI § Mich. Comp. Laws § 777.39 (3) MI § Mich. Comp. Laws § 777.41 (3) MI § Mich. Comp. Laws § 777.42 (3) MI § Mich. Comp. Laws § 777.51 (3) MI § Mich. Comp. Laws § 777.55 (3) MI § Mich. Comp. Laws § 777.57 (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

LA 10 (1972–1996) MI 10 (2017–2019) NY 8 (1919–1997) VT 6 (1898–2014) WI 5 (1988–2004) AL 4 (1927–1964) MN 4 (1894–1912) KY 3 (1892–1933) CA 3 (1919–1966) OK 3 (1953–1971) KS 3 (1980–2015) TN 3 (1896–1990) GA 3 (1930–2008) PA 3 (1868–2005) NJ 2 (1922–2001) NC 2 (1922–1922) WY 2 (1968–1968) IA 2 (1905–1918)

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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