Last month, the Michigan Supreme Court decided that Miller v. Alabama, 567 U.S. ___, 132 S.Ct. 2455 (2012), the U.S. Supreme Court decision that makes mandatory life sentences without parole for juveniles unconstitutional, should not be applied retroactively.
The Michigan Supreme Court found in a 4-3 decision in People v. Carp, No. 146478, that the rule announced in Miller does not satisfy either the federal test for retroactivity set forth in Teague v. Lane, 489 U.S. 288 (1989), or the tests established by Michigan state law. Furthermore, neither the Eighth Amendment nor the Michigan Constitution categorically bars the imposition of a sentence of life without parole on a juvenile homicide offender.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
