potentially viable Eighth Amendment claim (Michigan) · Go Syfert
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potentially viable Eighth Amendment claim in Michigan

6 Michigan opinions name it 1 courts 2022–2022 6 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.

Followed or applied (1)

CaseFollowedCited
People v. Skinnergreen
mich · 2018 · cited in 6 Michigan opinions naming this issue, 2022–2022
2 sentences

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

66

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Roper v. Simmons green
scotus · 2005
2 sentences

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

62022–2022
Miller v. Alabama green
scotus · 2012
2 sentences

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

62022–2022
Jones v. Mississippi green
scotus · 2021
2 sentences

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

2022Boykin was the shooter 50 See Skinner, 502 Mich at 115 (“It is undisputed that all of [the Miller] factors are mitigating factors.”). 51 Roper, 543 US at 574 . 52 Miller, 567 US at 477 , 480 n 8 (explaining that sentencing schemes mandating life without parole demanded that “every juvenile . . . receive the same sentence as every other—the 17-year-old and the 14-year-old, the shooter and the accomplice, the child from a stable household and the child from a chaotic and abusive one”—and therefore requiring that sentencers “take into account the differences among defendants and crimes” to remedy

62022–2022

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (6) MI § Mich. Comp. Laws § 750.316 (6) MI § Mich. Comp. Laws § 750.411a (6) MI § Mich. Comp. Laws § 750.479c (6) MI § Mich. Comp. Laws § 767.39 (6) MI § Mich. Comp. Laws § 769.25 (6) MI § Mich. Comp. Laws § 769.25a (6)

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.

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