No. 20-5945

Shelby Clarmont v. Willis Chapman, Warden

Lower Court: Sixth Circuit
Docketed: 2020-10-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: advisory-guidelines constitutional-violation criminal-procedure due-process people-v-lockridge people-v-milbourn proportionality resentencing sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Is the imposing of a sentence which was based on incorrectly scored sentencing guidelines and was a departure from applicable advisory guidelines where the sentence violates the principle of proportionality as set forth by People v Milbourn, 435 Mich. 630, 461 N.W.2d 1 (1990) and is unreasonable in violation of People v Lockridge, a violation of due process pursuant to the U.S. Const. Ams. V, XIV; Mich. Const. 1963, Art. 1, §17?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Is The Imposing Of A Sentence Which Was Based On Incorrectly Scored Sentencing Guidelines And Was A Departure From Applicable Advisory Guidelines Where The Sentence Violates The Principle Of Proportionality As Set Forth By People v Milbourn, 435 Mich. 630, 461 N.W.2d 1 (1990) And Is Unreasonable In Violation Of People v Lockridge, A Violation Of Due Process Pursuant To The U.S. Const. Ams. V, XIV; Mich. Const. 1963, Art. 1, §17? Thereby Entitling The Petitioner To Re. Sentencing. Pursuant To U.S Const., Ams., ‘ V, VI, XIV; Mich. Const. 1963, Art. 1, § 17 Sg toe i . ; ; '

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent Limited Appearance for Willis Chapman, Warden to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2020)

Attorneys

Limited Appearance for Willis Chapman, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Shelby Clarmont
Shelby Clarmont — Petitioner
Shelby Clarmont — Petitioner