Three men who as teenagers were sentenced to life without parole for first-degree murder will have their cases heard by the Michigan Supreme Court in oral arguments this week.
The defendants in People v Carp, People v Davis, and People v Eliason challenge their life-without-parole sentences based on the U.S. Supreme Court’s ruling in Miller v Alabama.
The Miller court held that mandatory life without parole for juveniles convicted of murder violates the Eighth Amendment prohibition against cruel and unusual punishment.
Among the issues before Michigan’s high court: How Miller applies to Michigan sentencing in homicide cases and whether Miller applies retroactively in cases where offenders have already unsuccessfully appealed their sentences.
The Supreme Court will also hear In re Hon. Bruce U. Morrow, in which the Wayne County circuit Court judge faces ethics charges over his handling of a number of criminal cases.
The Judicial Tenure Commission has asked for the high court suspend Morrow without pay for 90 days.
Also before the court is In re AJR, Minor, in which the petitioner-mother’s second husband seeks to adopt her son from her first marriage, a process that would involve terminating the father’s parental rights.
The father argues that the stepparent adoption statute — which allows termination of a non-custodial parent’s rights under some circumstances — does not apply to him because, although he does not have physical custody of the child, he has joint legal custody with his ex-wife.
Also to be argued: a medical malpractice case (Johnson v Kowalski), a dispute over a Wayne County retirement fund (Wayne County Employees Retirement System v County of Wayne), an insurance coverage question (Hunt v Drielick), and a dispute between Chrysler and one of its dealers (LaFontaine v Chrysler Group).
The court will hear oral arguments in its courtroom on the sixth floor of the Michigan on Wednesday and Thursday.
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