Start Objecting Again: Guidelines Challenges Are Back in Play

A decade ago, we were objecting to the Michigan Sentencing Guidelines (our state’s presumptive sentencing) scheme arguing that it violated the Defendant’s right to a jury trial. Following the Michigan Supreme Court’s 2006 ruling in People v. Drohan, 475 Mich. 140, 159–164; 715 NW2d 778 (2006), these challenges largely died. The United States Supreme Court has agreed to hear a case which again put the guidelines at risk. Alleyne v. United States, Supreme Court No. 11-9335. Counsel should again start demanding jury trials on guideline issues and objecting to the guidelines being use as anything beyond advisory guidelines. Read More...