CoA to Hear Miller Retroactivity Case
In People v Carp, the Michigan Court of Appeals agreed to hear whether the U.S. Supreme Court’s ruling in Miller v Alabama is retroactive. Miller struck down mandatory juvenile life without parole sentences for juveniles convicted of murder. Previously, the Court struck down the same punishment as applied to non-murderers.The Court said that life without should rarely be given. One of the two cases that the Court heard was from Arkansas and called Jackson v Hobbs. Since Jackson had already lost his appeal, yet the Supreme Court gave Mr. Jackson the benefit of the ruling, a very good argument exists that Miller is fully retroactive. The Carp pleadings are available here.