Court of Appeals Affirms Carp

Today the Michigan Court of Appeals upheld People v Carp. At issue was was whether the Supreme Court’s ruling in Miller v Alabama was retroactive. If Miller was retroactive, the Court also had to figure out what the appropriate remedy. The Court found that Miller was not fully retroactive and did not apply to cases that were final when Miller was decided. The Court stated that until legislation is passed to fix the Miller problem in Michigan, the remedy was to reduce individual sentences to life with the possibility of parole. The pleadings are available here.

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.