Sentencing challenges before MSC in oral arguments today

Three criminal cases round out the Michigan Supreme Court’s scheduled oral arguments of the 2012-2013 term.

In two of those cases, People v Glenn and People v Hardy, the defendants seek to reduce their sentences. In both cases, the sentencing judges imposed lengthier sentences based on conduct that the judges concluded was “designed to substantially increase the fear and anxiety” that the crime victims suffered.

In the remaining case, Kenney v Booker, the defendant appeals the revocation of his parole.

The Court will hear the oral argument in its courtroom on the sixth floor of the Michigan Hall of Justice today starting at 9:30 a.m. The Court’s oral arguments are open to the public and are also streamed live at http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/Oral-Arguments/Pages/live-streaming.aspx. The Court provides summaries of the cases it will hear at http://courts.michigan.gov/Courts/MichiganSupremeCourt/Clerks/Oral-Arguments/Pages/default.aspx.

In Kenney v. Booker, several months before he was to be discharged from parole on drug possession charges, the plaintiff in this case was pulled over while driving with a drug dealer friend; police discovered a gun in the engine compartment. After the parole board concluded that he had violated his parole, the plaintiff brought an action for habeas corpus, arguing in part that there was insufficient evidence that he had violated his parole conditions.

In People v. Hardy, the defendant racked a shotgun while robbing the victim. Should the range for his minimum sentence be increased on the basis that his conduct was “designed to substantially increase the fear and anxiety a victim suffered”? ... Read more

In People v. Glenn, while robbing a convenience store, the defendant hit both store clerks in the head with what appeared to be a sawed-off shotgun. Should the range for his minimum sentence be increased on the basis that his conduct was “designed to substantially increase the fear and anxiety a victim suffered”?

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