Ventron Vaneke Lott v. Patrick Warren, Warden
DueProcess
Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation of his Sixth Amendment rights, where the record does not support such a scoring by a preponderance of the evidence
QUESTION(S) PRESENTED I. DID THE TRIAL COURT ERRED IN SENTENCING PETITIONER UNDER THE RESRICTIONS OF OV-1 AND OV-2 [OF THE MICHIGAN SENTENCING GUIDELINES] IN VIOLATION OF HIS CONSTITUTIONAL RIGHT UNDER THE SIXTH AMENDMENT, WHERE THE RECORD DOES NOT SUPPORT SUCH A SCORING BY A PREPONDENCE OF THE EVIDENCE. PEOPLE V LOCKRIDGE, 2015 MICH LEXIS 1774? Il. WAS PETITIONER LOTT DENIED HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AMENDMENT, WHERE DEFENSE COUNSEL FAILED TO OBJECT TO THE SCORING UNDER OV-1 AND OV-2, RESULTING IN AN INACCURATE GUIDELINES RANGE REQUIRING RE-SENTENCING?