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7 Michigan opinions name it 2 courts 1980–2020 0 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Miller v. Alabamagreen2 sentences2020Miller, 567 US at 479 ; Montgomery, ___ US at ___; 136 S Ct at 734 . 2014Miller, 567 US at ___ ; 132 S Ct at 2469, 2471 . | 3 | 4 |
MacKey v. United Statesgreen2 sentences2014Accordingly, in contrast to a substantive rule that avoids the adverse collateral consequences of retrial by dictating a singular result, Mackey, 401 US at 693 (Harlan, J., concurring in the judgments in part and dissenting in part), retroactive application of Miller necessarily requires this adverse collateral consequence. 2014Accordingly, in contrast to a substantive rule that avoids the adverse collateral consequences of retrial by dictating a singular result, Mackey, 401 US at 693 (Harlan, J., concurring in the judgments in part and dissenting in part), retroactive application of Miller necessarily requires this adverse collateral consequence. | 3 | 3 |
People v. Maxsongreen2 sentences2014Maxson, 482 Mich at 396 (emphasis omitted). 2014Maxson, 482 Mich at 396 (emphasis omitted). | 3 | 3 |
Wyatt L. Bear Cloud v. The State of Wyominggreen1 sentence2013Just last month the Wyoming Supreme Court, in Bear Cloud v State, 2013 Wy 18, ¶ 44; 294 P3d 36, 47 (Wy, 2013), recognized this same point: In sum, Miller requires an individualized sentencing hearing for every juvenile convicted of first-degree murder at which the sentencing court must consider the individual, the factors of youth, and the nature of the homicide in determining whether to order a sentence that includes the possibility of parole. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Eliason
green
2 sentences2014People v Eliason, 300 Mich App 293, 309-311 ; 833 NW2d 357 (2013), citing Carp, 289 Mich App at 522-532 . 2014People v Eliason, 300 Mich App 293, 309-311 ; 833 NW2d 357 (2013), citing Carp, 289 Mich App at 522-532 . | 3 | 2014–2014 |
Montgomery v. Louisiana
green
1 sentence2020Miller, 567 US at 479 ; Montgomery, ___ US at ___; 136 S Ct at 734 . | 1 | 2020–2020 |
Alleyne v. United States
green
2 sentences2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. 2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. | 1 | 2016–2016 |
Apprendi v. New Jersey
green
2 sentences2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. 2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. | 1 | 2016–2016 |
People of Michigan v. Raymond Curtis Carp
green
1 sentence2016A juvenile defendant will only face a life-without-parole sentence if the prosecutor files a motion seeking that sentence and the trial court concludes following an individualized sentencing hearing in accordance with Miller that such a sentence is appropriate. [People v Carp, 496 Mich 440, 527 ; 852 NW2d 801 (2014) (emphasis added).] In addition to the changes impacting juvenile sentences, our Supreme Court has recently declared certain features of Michigan’s sentencing scheme unconstitutional. | 1 | 2016–2016 |
People v. Lockridge
green
2 sentences2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. 2016In People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), our Supreme Court concluded that the rule from Apprendi v New Jersey, 530 US 466 ; 120 S Ct 2348 ; 147 L Ed 2d 435 (2000), as extended by Alleyne v United States, 570 US_; 133 S Ct 2151 ; 186 L Ed 2d 314 (2013), applies to Michigan’s sentencing guidelines and renders them constitutionally deficient. | 1 | 2016–2016 |
People v. Triplett
green
2 sentences1980As the Supreme Court stated in People v McFarlin, 389 Mich 557, 574 ; 208 NW2d 504 (1973): "The modern view of sentencing is that the sentence should be tailored to the particular circumstances of the case and the offender in an effort to balance both society’s need for protection and its interest in maximizing the offender’s rehabilitative potential.” This principle was recently reaffirmed in People v Triplett, 407 Mich 510, 515 ; 287 NW2d 165 (1980), where the Court noted that: "sentencing must be individualized and tailored to the particular circumstances of the case and the offender at the 1980As the Supreme Court stated in People v McFarlin, 389 Mich 557, 574 ; 208 NW2d 504 (1973): "The modern view of sentencing is that the sentence should be tailored to the particular circumstances of the case and the offender in an effort to balance both society’s need for protection and its interest in maximizing the offender’s rehabilitative potential.” This principle was recently reaffirmed in People v Triplett, 407 Mich 510, 515 ; 287 NW2d 165 (1980), where the Court noted that: "sentencing must be individualized and tailored to the particular circumstances of the case and the offender at the | 1 | 1980–1980 |
People v. McFarlin
green
2 sentences1980As the Supreme Court stated in People v McFarlin, 389 Mich 557, 574 ; 208 NW2d 504 (1973): "The modern view of sentencing is that the sentence should be tailored to the particular circumstances of the case and the offender in an effort to balance both society’s need for protection and its interest in maximizing the offender’s rehabilitative potential.” This principle was recently reaffirmed in People v Triplett, 407 Mich 510, 515 ; 287 NW2d 165 (1980), where the Court noted that: "sentencing must be individualized and tailored to the particular circumstances of the case and the offender at the 1980As the Supreme Court stated in People v McFarlin, 389 Mich 557, 574 ; 208 NW2d 504 (1973): "The modern view of sentencing is that the sentence should be tailored to the particular circumstances of the case and the offender in an effort to balance both society’s need for protection and its interest in maximizing the offender’s rehabilitative potential.” This principle was recently reaffirmed in People v Triplett, 407 Mich 510, 515 ; 287 NW2d 165 (1980), where the Court noted that: "sentencing must be individualized and tailored to the particular circumstances of the case and the offender at the | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.