Just three weeks after the Michigan Supreme Court granted leave and remanded our Section 8 appeal to the Court of Appeals, today, we received notice that the Supreme Court granted another application for leave to appeal in an entirely different case.
Shyler learned that a Macomb County resident had been sentenced to five to fifteen years in prison over marijuana convictions and probation violations. Shyler immediately appealed the court’s sentence arguing that the sentence was unreasonable. The Court of Appeals denied our appeal, however, today, the Supreme Court ordered the Court of Appeals consider whether our client’s sentence was reasonable.
Recently, the Supreme Court issued People v Lockridge, a decision that expands trial court discretion in criminal sentencing. If our appeal is successful, it will reinforce the notion that the punishment must fit the crime, and that five years in prison for marijuana is unreasonable.
A Shyler Engel, PLLC client had a lengthy term of testing probation imposed against her after she pled guilty to a felony in Oakland County Circuit Court. Originally, she was subject to testing, reporting, and could not leave the State of Michigan. Now a medical marijuana patient, she desired to move out of Michigan and to be released from the testing conditions of her probation. Shyler Engel filed a motion asking the judge to release her completely from probation arguing that the client had been rehabilitated and that probation no longer served a purpose. The prosecutor disagreed and filed an objection stating that the defendant had not even been compliant during probation. After a hearing, the judge agreed that the best arrangement for the client going forward was to simply successfully discharge her from probation.
A Shyler Engel, PLLC client was exhausted with the terms of the reporting and testing requirements of her probation from a Operating with the Presence of a Controlled Substance conviction in Bloomfield Hills. After Shyler Engel, PLLC filed a motion to modify the terms of her probation, the judge released her from all reporting requirements and significantly reduced the testing requirements for the remaining six months of her probation.