People of Michigan v. Yasmeen Jasmilla Taylor
329849
| Mich. Ct. App. | Mar 7, 2017Background
- Defendant Yasmeen Jasmilla Taylor was convicted by a jury of second-degree murder, assault with intent to commit murder, and felony-firearm for the shooting death of Marquez Douglas and the shooting of Latoya Johnson.
- Johnson testified she saw Taylor with Douglas, heard gunshots, and saw Taylor shoot Johnson after the initial shots; Taylor testified to an alibi and contended she was not in the state that day.
- During voir dire a juror (juror H) stated she had just started a new job and would be thinking about it and not fully focused; the trial court denied defense counsel’s challenge for cause after juror assurances of impartiality.
- At sentencing the guidelines recommended 225 to 375 months (or life); the trial court imposed an upward departure (39 years minimum for second-degree murder) citing the excessively violent, cold-blooded nature of the attack and Lockridge guidance that departure sentences are reviewed for reasonableness.
- On appeal the court affirmed the denial of the challenge for cause and concluded a remand under Crosby/Steanhouse was required so the trial court could reconsider/confirm that the sentence satisfies Milbourn’s proportionality principle in light of Lockridge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juror H should have been excused for cause | Juror’s statements showed she could be impartial and court rightly retained her | Juror’s preoccupation with a new job prevented a fair verdict | Trial court did not abuse discretion; juror’s assurances supported impartiality |
| Whether upward departure sentence was unreasonable | Trial court provided reasons; departure permissible under Lockridge and reviewed for reasonableness | Departure was disproportionate to offense/offender | Remand required for Crosby/Steanhouse proportionality review under Milbourn |
Key Cases Cited
- People v Lockridge, 498 Mich 358 (2015) (held Michigan’s mandatory guidelines unconstitutional and made guidelines advisory; departure sentences reviewed for reasonableness)
- People v Steanhouse, 313 Mich App 1 (2015) (articulated need to review departures for proportionality and endorsed Crosby remand procedure)
- People v Milbourn, 435 Mich 630 (1990) (established proportionality principle for Michigan sentencing)
- United States v Booker, 543 U.S. 220 (2005) (reasonableness review of sentences after advisory guidelines)
- United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (remand procedure for district courts to reconsider sentences after Booker)