Legal Opinion
People v. Harper
Michigan Supreme Court
Decided July 26, 2007No. Docket 130988, 131898PublishedCited by 72 opinions
1Opinion of the CourtCorrigan, J.
We granted leave to appeal in these two cases to determine whether an “intermediate sanction” described in MCL 769.31(b) and MCL 769.34(4) constitutes a maximum sentence under Blakely v Washington, 542 US 296; 124 S Ct 2531; 159 L Ed 2d 403 (2004), for which the facts supporting a departure must be found by a jury beyond a reasonable doubt or admitted by the defendant. We conclude that because Michigan has a true indeterminate sentencing scheme, an intermediate sanction is not a maximum sentence that is governed by Blakely.
Under Michigan law, the maximum portion of a defendant’s indeterminate…
2Cases cited42 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- North Carolina v. PearceSupreme Court of the United States · 1969
37 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- People v. HornMichigan Court of Appeals · 2008
- People v. GainesMichigan Court of Appeals · 2014
- People v. GardnerMichigan Supreme Court · 2008
- State v. JohnsonSupreme Court of Kansas · 2008
- Loren Robinson v. Jeffrey WoodsCourt of Appeals for the Sixth Circuit · 2018
67 more not listed; retrieve them via the Exa API.