Topic: whether the facts, as found, are adequate to satisfy the sc… · Go Syfert
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Topic #197

7 canonical passages across 4 cases, quoted by 723 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Kanaan.

#Case FlagCanonical passage Citers
1 People v. Kanaan Anchor
michctapp · 2008
green “whether the facts, as found, are adequate to satisfy the scoring conditions prescribed by statute, i.e., the application of the facts to the law, is a question of statutory interpretation, which an appellate court reviews de novo.” 204
2 People v. Hardy; People v. Glenn
mich · 2013
green “under the sentencing guidelines, the circuit court's factual determinations are reviewed for clear error and must be supported by a preponderance of the evidence.” 177
3 People v. Hardy; People v. Glenn
mich · 2013
green “whether the facts, as found, are adequate to satisfy the scoring conditions prescribed by statute, i.e., the application of the facts to the law, is a question of statutory interpretation, which an appellate court reviews de novo.” 173
4 People v. Hardy; People v. Glenn
mich · 2013
green “factual determinations are reviewed for clear error and must be supported by a preponderance of the evidence.” 93
5 PEOPLE v. McCHESTER
michctapp · 2015
green “clear error is present when the reviewing court is left with a definite and firm conviction that an error occurred.” 35
6 People v. McGraw
mich · 2009
green “offense variables are properly scored by reference only to the sentencing offense except when the language of a particular offense variable statute specifically provides otherwise.” 29
7 PEOPLE v. McCHESTER
michctapp · 2015
green “the trial court's findings of fact are reviewed for clear error and must be supported by a preponderance of the evidence.” 12

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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