In Re Parole of Richard Allen McBrayer

Summary

The Michigan Supreme Court held that the lower courts used an incomplete analysis when they reversed the Parole Board’s decision to parole McBrayer based only on the existence of substantial and compelling reasons that could have supported departure from the parole guidelines. Reviewing courts must separately determine whether the Board’s decision not to depart was outside the range of reasonable and principled outcomes, while giving substantial deference to the Board. Applying that standard, the Court concluded that the Board’s decision was not an abuse of discretion and reinstated parole.