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Criminal Procedure Keyed to Ohlin
Lafler v. Cooper
Citation:566 U.S. 156 (2012)
On March 25, 2003, respondent pointed a gun toward Kali Mundy’s head and fired. Mundy was shot in her buttock, hip, and abdomen but survived the assault. Respondent was charged under Michigan law with assault with intent to murder, possession of a firearm and more offenses. The prosecution offered to dismiss two of the charges and to recommend a sentence of 51 to 85 months for the other two, in exchange for a guilty plea. Respondent rejected the offer, allegedly after his attorney convinced him that the prosecution would be unable to establish his intent to murder Mundy because she had been shot below the waist. After trial, respondent was convicted on all counts and received a mandatory minimum sentence of 185 to 360 months’ imprisonment.
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