Williams - Miller retroactivty
Meanwhile the Legislature has taken action to try and fix things as well. According to this news article, Michigan has proposed a new bipartisan package of bills on JLWOP in response to Miller. News coverage is here: . Here a legislative summary.
After a two delay because of Hurricane Sandy, the U.S. Supreme Court heard oral arguments in Chaidez v United States, No. 11-820. In Chaidez, the Court will decide whether its 2010 ruling in Padilla v Kentucky, __ U.S. ___, 130 S.Ct. 1473 (2010) is retroactive. Padilla stated that counsel has a duty to inform a non-citizen client about deportation consequences of the plea. SCOTUS blog has a nice summary of the case.Update: Here is a link to the oral argument transcript. Here is a link to the audio transcript. I’ve read the transcript on this one and it is going to be close.
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.