by Michael D. Hills | Dec 6, 2013 | Michigan Law
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...
by Michael D. Hills | Jan 3, 2014 | Uncategorized
I am asked all the time about “Brady Material” and what is a “Brady Violation” There was a recent case that discussed “Brady” so I am taking the opportunity to write about it. In the case of Jefferson v. United States Court of Appeals, the defendant claimed...
by Michael D. Hills | Jan 24, 2014 | Michigan Law
In a prior blog, we talked about the Michigan Sentencing Guidelines. In this post, we will discuss an example of how a court may be persuaded to sentence outside of the guidelines; this is called a departure. I have often been asked about the appropriateness or...
by Michael D. Hills | Feb 21, 2014 | Federal Law
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...
by Michael D. Hills | Sep 24, 2014 | Michigan Law
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...
