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MI HR0404

Resolution

Status

Introduced

9/9/2014

Primary Sponsor

Joe Haveman

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Urges the U.S. Supreme Court to clarify whether its 2012 Miller v. Alabama decision applies retroactively to juvenile offenders whose convictions were finalized before June 25, 2012.

  • Miller v. Alabama (2012) prohibited mandatory life-without-parole sentences for juveniles convicted of homicide; approximately 2,000 such offenders nationwide and 330 in Michigan remain affected by the retroactivity question.

  • State courts have issued conflicting rulings on retroactive application: Louisiana, Minnesota, and Pennsylvania found no retroactive effect, while Illinois, Iowa, Massachusetts, Mississippi, Nebraska, and Texas ruled that it does apply retroactively.

  • Of 28 states with mandatory juvenile life-without-parole laws, 13 have passed legislation in response, with four applying Miller retroactively and five applying it prospectively only.

  • Directs that copies of this resolution be transmitted to the Justices of the United States Supreme Court.

Legislative Description

A resolution to urge the United States Supreme Court to clarify whether its holding in Miller v. Alabama applies retroactively.

United States Supreme Court

Last Action

Referred To Committee On Criminal Justice

9/9/2014

Committee Referrals

Criminal Justice9/9/2014

Full Bill Text

No bill text available