People v. Dixon-Bey
| Decision Date | 04 May 2018 |
| Docket Number | COA: 331499,SC: 156746 |
| Citation | 910 N.W.2d 303 (Mem) |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Dawn Marie DIXON–BEY, Defendant-Appellee. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the September 26, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order, addressing: (1) to what extent the sentencing guidelines should be considered to determine whether the trial court abused its discretion in applying the principle of proportionality under People v. Steanhouse , 500 Mich. 453, 902 N.W.2d 327 (2017) ; and (2) whether, when a jury convicted the defendant of second-degree murder, the trial court abused its discretion in applying the principle of proportionality if it either (a) sentenced the defendant according to an independent finding that she committed first-degree murder; or (b) departed upward from the sentencing guidelines for second-degree murder based on facts established by a preponderance of the evidence that the jury did not find were established beyond a reasonable doubt. See MCL 777.36(2)(a) ; People v. Ewing (After Remand) , 435 Mich. 443, 458 N.W.2d 880 (1990) ; People v. Milbourn , 435 Mich. 630, 654, 461 N.W.2d 1 (1990).
In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.
We further direct the Clerk to schedule the oral argument in this case for the same future session of this Court when it will hear oral argument in People v. Beck (Docket No. 152934).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court...
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People v. Lampe
... ... Lockridge , 498 Mich. 358, 365, 870 N.W.2d 502 (2015). "[T]he standard of review to be applied by appellate courts reviewing a sentence for reasonableness on appeal is abuse of discretion." People v. Steanhouse , 500 Mich. 453, 471, 902 N.W.2d 327 (2017) ; see also People v. Dixon-Bey , 321 Mich. App. 490, 520, 909 N.W.2d 458 (2017), oral argument ordered on the application 501 Mich. 1066, 910 N.W.2d 303 (2018). A sentence is unreasonableand therefore an abuse of discretionif the trial court failed to adhere to the principle of proportionality in imposing its sentence on a ... ...
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People v. Beck
...application and directed that it be heard at the same session as oral argument on the prosecution’s application in People v. Dixon-Bey , 501 Mich. 1066, 910 N.W.2d 303 (2018). People v. Beck , 501 Mich. 1065, 1065-1066, 910 N.W.2d 298 (2018).5 II. LEGAL BACKGROUNDA. CONSTITUTIONAL AMENDMENT......
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People v. Beck
...in this case for the same future session of this Court when it will hear oral argument in People v. Dixon-Bey (Docket No. 156746), ––– Mich. ––––, 910 N.W.2d 303, 2018 WL 2089665 (2018).The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invi......
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