Sentencing Guidelines

Our office had a recent question regarding sentencing guidelines in State Court.  Specifically: What does the Prosecution have to show to add points to your score?   I believe this question was related to the Michigan sentencing guidelines. For those who don’t...

Rule of Lenity

In January, the U.S. Supreme Court applied the rule of lenity in a criminal case.  The rule of lenity is a rule of statutory construction that resolves ambiguities in statutory language in favor of the defendant.   The case involved a defendant who was convicted...

Michigan Sentencing "Tanner Rule"

This blog will discuss the two-thirds rule of Tanner and MCL 769.34(2)(b) with respect to sentencing in Michigan. Michigan has an indeterminate felony sentence structure; this means the sentence is not given a definite duration.  Rather, a prison term will state a...