Legal Opinion · Dissent

People v. Raby

Michigan Supreme Court

Decided February 5, 1998No. Docket 108010Published

1DissentCavanagh, J.

In this case we are only called upon to analyze a question of scoring a sentence guideline variable that concerns the definition of a criminal “transaction.” Instead, the majority takes this opportunity to advance ill-advised dicta from People v Mitchell, 454 Mich 145; 560 NW2d 600 (1997), to a position of controlling law. In the process, this Court sanctions the evisceration of sentencing guidelines in Michigan, questions its own authority, and harkens a return to the days of grossly disparate sentencing decisions subject to no real appellate review. Therefore, I dissent.

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2Cases cited77 opinions

  1. People v. MilbournMichigan Supreme Court · 1990
  2. People v. WhiteMichigan Supreme Court · 1973
  3. People v. MitchellMichigan Supreme Court · 1997
  4. People v. HoustonMichigan Supreme Court · 1995
  5. People v. HarrisMichigan Court of Appeals · 1991

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