People v. Merriweather

In People v. Merriweather, 447 Mich. 799, 805; 527 N.W.2d 460 (1994), Justice Boyle noted that this Court's opinion reversing the sentence imposed on the basis that it was disproportionate, "vividly evidences that elaborate rationalizations for lowering sentences distance the appellate judiciary from meaningful connection with reality and distort the concept of individualized justice." Id. In her view, by mediating the victim's tragedy through the "processes of proportionality and guidelines' evaluation, the focus of the reviewing court shifts from the horror of the victim's blood, feces, and burned flesh, to the image of an enfeebled and sympathetic defendant . . . ." Id. Justice Boyle also wrote: I do not retreat from the view that in People v. Milbourn . . . the Court violated separation of powers and usurped the authority constitutionally confided by the people of this state in their Legislature, . . . and by the Legislature in the trial courts . . . . Merriweather, supra at 805 . The Merriweather majority went on to reject the premise that every prisoner must be eligible for parole, implicitly overruling Moore, supra. Merriweather, 447 Mich. at 805, 808-809, 811.