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Thu February 14, 2013
Michigan AG says federal judge's 'juvenile lifer' ruling not binding
There’s a difference of opinion between Michigan Attorney General Bill Schuette and the American Civil Liberties Union on how prosecutors should handle a U.S. Supreme Court decision.
The U.S. Supreme Court ruling struck down sentences of mandatory life without parole for juveniles.
Last month, a federal judge ruled that lifers sent to prison as juveniles are entitled to parole hearings.
Attorney General Schuette then sent a letter to prosecutors that says a federal judge’s opinion is not binding on them.
Schuette’s office did not return phone calls, but ACLU attorney Deborah LaBelle says the letter is out of bounds. She says the attorney general can appeal the decision, but he should not tell prosecutors to ignore it.
“They may disagree with that ruling. That’s fine. I understand, but it’s the law right now,” said LaBelle.
“Once a statute is unconstitutional, it can’t be enforced, and I would think the attorney general would know that, and so the parole board cannot deny jurisdiction to these youth,” she said.
LaBelle says legal arguments are due March 1 on how the state should handle requests for parole hearings by juvenile lifers.
Schuette has opposed extending the reach of the decision to the more than 350 Michigan prisoners sentenced as juveniles to life without parole.
He has said it’s not fair to force the families of murder victims to relive their tragedies.