People V Smith Case Summary
The case People v. Smith was finally decided by the Supreme Court of Michigan in 1991. The case involved the defendant Ricky Franklin Smith whom pled guilty to breaking and entering and of being a habitual offender, fourth offense (People v Smith, 1991). The judge sentenced Smith to 6 to 30 years imprisonment for the Habitual Offender charge. Ricky Franklin Smith after sentencing requested to be resentenced because his juvenile record, which had been expunged, was considered by the judge for sentencing. The Michigan Court of Appeals agreed with the sentencing; however, when the case went to the Supreme Court of Michigan, they reversed the decision because the sentencing should not have been based on the defendant’s prior expunged juvenile record. The two cases that assisted the Supreme Court in making their decision People v Price from 1988. This case was almost identical to the People v Smith case in which the defendant pled guilty to breaking and entering and larceny and was convicted (People v Price, 1988). However, the defendant asked for resentencing due to the fact his juvenile record should have been expunged and not been a factor in sentencing. The defendant was basing this information on the following Michigan ruling of MCR 5.925 (E): The court may retain a child's juvenile court delinquency records other …show more content…
Even though the crimes were committed as a juvenile, those records, once expunged, literally do not exist and should not be a determining factor. Just as Puechner (2014) stated individuals who have committed juvenile offenses are entitled to petition for an expungement of any adjudication records held by the district court. If the petitioner’s request is granted, that individual is entitled to have that record erased as if the event never
Johnson V. Solomon Case
512 Words | 3 PagesThe attorneys failed to proffer any evidence in support of Solomon’s legal business enterprise, which he established with legal proceeds from the medical malpractice lawsuit. Furthermore, the attorneys never proffered any evidence on his behalf, which proved ownership, control, actual or constructive, or possession of the vehicles stopped by police. According to residents and property records, neither Johnson brother owned, occupied, possessed or control a property located at Oso. The property allegedly had $1,868,759 in cash and although such a very odd number, aside from questioning the veracity of the cash receipts, the indictment states that Mr. Solomon Johnson owned the vehicles, property, and currency.
Ricky Smith 437 Mich Case Brief
616 Words | 3 PagesIn reviewing People v Price, 172 Mich App386, 300-400; 431 NW2d829 (1988), the court found that the panel ruled that the juvenile record was automatically expunged and therefore could not be considered for the purpose of sentencing (justlaw). Conversely, the court found in People v Jones, 173 Mich App 341, 343; 433 NW2d 829 (1988), a second panel concluded that the expunged criminal history of juveniles was admissible in the presentence report as well as the consideration during
Goldberg And Wheeler Court Case Summary
331 Words | 2 PagesThe court cases Goldberg and Wheeler do not stand for the proposition that only welfare benefits for people in extreme circumstances are entitled to pre-termination hearings. However, this is one situation where cutting off benefits with little or no notice could affect the well-being of the family or person. Any programs that offer they type of assistance people rely on to survive could benefit from pre-termination hearings, not just the welfare program. Welfare is one of the main public assistance programs, although I think housing assistance and food stamps might fall into the welfare category, they are also in need of a pre-termination hearing. In the Goldberg and Wheeler cases, California and New York did not want to give anyone a hearing
Employment Division V Smith Case Summary
454 Words | 2 PagesThe 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.
People V Smith Case Summary
970 Words | 4 PagesPrice (1988) resulting in the majority concluding that Price presented a better-reasoned approach and further added that the automatic expungement of juvenile convictions “is delusive and purposeless if law enforcement agencies may continue to use supposedly expunged records against a defendant to his prejudice” (People v. Price, 1988). Subsequently following People v. Jones (1988), its approach was deemed to effectively subvert MCR 5.913 and the dissenting judge expressed the belief that Jones represented “the better-reasoned analysis (People v. Jones, 1988). Consequently, the presentence investigation report that outlines Smith’s previous record, including twelve juvenile entries, Smith’s lawyer indicated was accurate (People v. Smith, 1991). Therefore, the judge indicated that because Smith’s record indicated seven prior felonies and three misdemeanors, the judge viewed the sentence as appropriate in order to punish Smith, protect society, and to deter others from committing such offenses (People v. Smith, 1991).
People V. Smith Case Brief
649 Words | 3 Pages“The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913 , now MCR 5.925 (E), that he be resentenced” (People v. Smith, 1991). The nature of the action is misconduct and delinquency of Smith as a minor and adult. Smith used his right to appeal his sentence in an attempt to avoid a criminal conviction of incarceration. An argument was presented to the Court of Appeals requesting that the decision in his case be looked at again because the
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863 Words | 4 PagesIt is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.
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1292 Words | 6 PagesThe Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.
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687 Words | 3 PagesWhile the state of Mississippi, my home state, does provide for the expungement of juvenile records, the actual process of expungement is rare. The reason for this is the state laws, which govern the sealing of all juvenile records. Even though the state law calls for the sealing of juvenile records, juvenile adjudications can be taken into consideration, by judges of the circuit courts, when determining sentences. This records can also be used, and disseminated to others, usually by court order of the youth court. Section 43-21-263 of the Mississippi Code of 1972, provides for the sealing of all juvenile court records, once a person has reached 20 years of age.
Sherwood V Walker Smith Co Summary
1418 Words | 6 PagesThere is a famous American case involving the sale of a cow called "Sherwood v. Walker-Smith Co. " This case, also known as the "Case of the Red Cow," took place in 1887 in Michigan. It is indeed considered a landmark contract law case. In Sherwood v. Walker-Smith Co., the plaintiff, Mary Sherwood, purchased a cow from the defendant, Walker-Smith Co., for $80.
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