Opinion

Michael v. State

  • 115 P.3d 517
  • 2005 Alas. LEXIS 78
  • 2005 WL 1369030
Court
Alaska Supreme Court
Filed
Jun 9, 2005
Status
Published
Author
Fabe
On the bench
Fabe, Bryner, Matthews, Eastaugh, Fare, Carpeneti
Cited by
28 cases

Questioned by Pocock v. State, 2012 Alas. App. LEXIS 31 (2012)

holding that when an appellate court reviews a sentencing judge’s ruling on a proposed mitigating factor, the appellate court applies the deferential “clearly erroneous” standard of review when evaluating the sentencing judge’s findings of historical fact, but the appellate court then employs its independent judgment when evaluating whether, under those facts, the mitigating factor is applicable

How later courts described this case

  • holding that when an appellate court reviews a sentencing judge’s ruling on a proposed mitigating factor, the appellate court applies the deferential “clearly erroneous” standard of review when evaluating the sentencing judge’s findings of historical fact, but the appellate court then employs its independent judgment when evaluating whether, under those facts, the mitigating factor is applicable
  • concluding that "[aluy factual findings made by the court regarding the nature of the defendant's conduct are reviewed for clear error, but whether those facts establish that the conduct [qualifies as an aggravating or mitigating factor under the terms of a sentencing statute] is a legal question"
  • holding that it is a question of law-i.e., a question to be decided by an appellate court without deference to the sentencing judge-whether given facts establish the miti-gator of conduct "among the least serious"
  • holding that the correct standard of review for the application of statutory aggravating and mitigating factors is de novo review

Written by the judges who cited it.

Later courts went against this

  • Questioned by Pocock v. State, 2012 Alas. App. LEXIS 31 (2012)

    [The Alaska Supreme Court's decision in Michael v. State, 115 P.3d 517 (Alaska 2005), casts doubt on our assertion in Knight that this issue is primarily one of fact rather than law.
    Court of Appeals of AlaskaFeb 24, 2012Read it
  • Questioned by HOEKZEMA v. State, 2008 Alas. App. LEXIS 89 (2008)

    Although our subsequent decisions have adhered to the fact-based approach laid out in Knight, the Alaska Supreme Court's decision in Michael v. State, 115 P.3d 517 (Alaska 2005), casts doubt on our assertion in Knight that this issue is primarily one of fact rather than law.
    Court of Appeals of AlaskaSep 26, 2008Read it

The opinion

FABE, Justice,

concurring.

I join in the court’s order but write separately to express one concern about directing Michael’s release without specifying the maximum term of imprisonment beyond which the sentence would be excessive. Although the court’s approach is efficient, the Department of Corrections cannot calculate a new release date without knowledge of the maximum term of incarceration possible for Michael’s sentence. And because first-degree sexual assault is an unclassified felony, Michael is not entitled to release on bail. 1 Thus, I would prefer to inform the lower courts of the maximum term that can be justified for Michael’s conduct.

. AS 12.30.040(b)(1); AS 11.41.410(b).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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