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juvenile lifers

Kevin Rosseel / morguefile

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.

User: Brother O'Mara / flickr

Judge says prisoners sentenced as juveniles should get parole hearings 

Judge John Corbett O'Meara says a 2012 U.S. Supreme Court decision striking down mandatory no-parole sentences applies retroactively to Michigan inmates already behind bars.

There are more than 350 inmates in Michigan prisons serving life without parole for crimes they committed as juveniles, and there's been a lot of debate about whether these inmate should get a shot at parole.

The Detroit Free Press has the story of one of those prisoners this morning.

...life has never been simple for Jennifer Pruitt. Her 37 years have been punctuated by turmoil -- a tough upbringing, a life sentence for murder, repeated rapes in prison and glimmers of hope that quickly got dashed.

Road funding discussions get underway in Michigan legislature

In his State of the State address, Gov. Rick Snyder made roads a top priority. He called for new revenue to support road building. Whether that will mean higher taxes or higher fees for Michigan residents remains to be seen. Jonathan Oosting of MLive reports the discussions will get underway soon:

... a joint resolution introduced by Republican Sens. Randy Richardville, Roger Kahn and Bruce Caswell offers a simple starting point for discussions: A constitutional amendment to raise the state sales tax from 6 percent to 8 percent. As a trade-off for the increased sales tax, a related bill would eliminate the state's 19-cent-a-gallon gasoline tax.

Such a tax increase would require voter approval. Other plans, such as increasing gas taxes or registration fees, are being considered as well.

Investment in Pontiac, GM plans expansion

General Motors announced its consolidating some of its research and development operations and expanding its Global Powertrain Engineering Headquarters in Pontiac. Michigan Radio's Sarah Cwiek reports the company is expected to invest $200 million in the Pontiac facility.

GM estimates the move will move about 400 jobs now in various facilities to Pontiac. The investment is part of a GM commitment to invest $1.5 billion in North American facilities across the state and the country.

GM officials say employees will start transferring to Pontiac as soonas the middle this year, and the expansion will be completed in mid 2014.

US Supreme Court

DETROIT (AP) - A federal judge says all Michigan inmates serving no-parole sentences for murder committed as juveniles are entitled to a chance at release.
 
Judge John Corbett O'Meara says a 2012 U.S. Supreme Court decision striking down mandatory no-parole sentences applies retroactively to Michigan inmates already behind bars.

O'Meara's decision Wednesday trumps a ruling last fall by the Michigan appeals court, which said retroactivity would not apply for most.

Kevin Rosseel / morguefile

The Michigan Court of Appeals ruled that the U.S. Supreme Court decision striking down mandatory life sentences for juveniles convicted of murder does not apply retroactively.

The case involved a resentencing request for Raymond Carp. In 2006, Carp was convicted of first-degree murder as a 16-year old.

State lawmakers introduce "juvenile lifers" bills

Nov 14, 2012

A group of state lawmakers say it is time for Michigan to change the way it sentences juveniles convicted of murder.

This summer, the U.S. Supreme Court ruled it is unconstitutional to sentence juveniles to mandatory life sentences without the chance of parole.

Bills in the state House would strike that type of sentence from state law.

An important question is whether the ruling applies to people already serving mandatory life sentences. Democratic state Representative Mark Meadows said it does.

“If it’s a violation of the Constitution to sentence individuals in this manner, then it was unconstitutional prior to that time too,” said Meadows.

Sponsors of the legislation say they will push to apply the ruling retroactively. But they say they are willing to pass bills that only apply it to new cases.

State Attorney General Bill Schuette says re-sentencing convicted offenders would be too painful for victims’ families.

Michigan Court of Appeals
Mike Russell / Wikimedia Commons

The Michigan Court of Appeals began hearing arguments Tuesday on a case that could determine the fate of Michigan’s “juvenile lifers.”

The case comes in the wake of a ruling by the U.S. Supreme Court in June determining  that mandatory life sentences without the possibility of parole for minors constituted cruel and unusual punishment.

MLive’s Jonathan Oosting has more:

cncphotos / flickr

Every Wednesday Michigan Radio's Morning Edition host Christina Shockley and Michigan Radio's political analyst Jack Lessenberry talk about what's been going on in the news when it comes to Michigan politics. This week they talked about a Michigan family's request to release a Marine Veteran imprisoned in Iran in order to see his ailing father in Flint, where the state's incarceration system stands when it comes to inmates releases in Genesse County and Attorney General Bill Schuette's stance on juvenile lifers, and the Kwame Kilpatrick trial.

User: Brother O'Mara / flickr

Michigan Attorney General fights to keep juvenile lifers behind bars

"State Attorney General Bill Schuette has not given up on trying to keep so-called juvenile lifers behind bars. Next week, he plans to file to join a case before the state Court of Appeals involving a 21-year-old man convicted in 2006 of assisting a murder. The US Supreme Court in June struck down mandatory life sentences without parole for juveniles as unconstitutional. Schuette spokeswoman Joy Yearout says the attorney general believes the ruling should not apply to people who are already serving sentences. The ACLU of Michigan says the state cannot continue to keep people in jail without a new hearing if the US Supreme Court says the sentence is cruel and unusual. Michigan has more than 360 people serving mandatory life sentences for crimes committed when they were under the age of 18," Jake Neher reports.

Flint family pleas for Marine's release

"The family of a Marine veteran  imprisoned in Iran for more than a year, says time is running out for the family to reunite. The Marine's father, a professor at Mott Community College, has been diagnosed with an aggressive brain tumor. Amir Hekmati is still being held in Iran on charges of spying for the United States. Both his family and the US government say he is not a spy. But their pleas for his release haven't worked - although his death sentence was overturned by an Iranian court. The family is pleading for their son's release while Amir's father is still alive. The Hekmatis are holding a candlelight vigil in Flint today. They hope their case will be discussed with Iranian President Mahmoud Ahmadinejad while he's in New York this week for a meeting at the UN," Kate Wells reports.

Research buoy shows wind in Lake Michigan averages 22 mph

"Wind speed in the middle of Lake Michigan appears to be some of the best in the state for developing wind energy. That’s according to preliminary data from a high-tech research buoy that’s been anchored there all summer. Early data show the average offshore wind speed is at least 22 miles an hour. Wind farms have been built on land in Michigan where wind speeds average around 17 miles an hour. The research buoy will continue collecting data through December. Ultimately it could determine whether an offshore wind farm is viable in Lake Michigan," Lindsey Smith reports.

A report says as many as 15 people sent complaints to the Attorney General Bill Schuette's office more than a year before an investigation into the water crisis was launched.
Bill Schuette / Facebook.com

State Attorney General Bill Schuette has not given up on trying to keep juvenile lifers behind bars.

Next week, he plans to file to join a case before the state Court of Appeals involving a 21-year-old man convicted in 2006 of assisting a murder.

The U.S. Supreme Court in June struck down mandatory life sentences without parole for juveniles as unconstitutional.

Schuette spokeswoman Joy Yearout says the attorney general believes the ruling should not apply to people who are already serving sentences.

"For many of these cases it's been years, decades even, since the crime occurred. And these victims’ families thought they had a sense of closure. This could result in them having to be hauled back into court, relive the crime, be re-victimized again. And it would really be a mess for our justice system here in Michigan," says Yearout.
    
The ACLU of Michigan says the state cannot continue to keep people in jail without a new hearing if the U.S. Supreme Court says the sentence is cruel and unusual.

Michigan has more than 360 people serving mandatory life sentences for crimes committed when they were under the age of 18.

User: Brother O'Mara / Flickr

City of Wyoming cannot ban medical marijuana

Michigan’s Court of Appeals has struck down a city ordinance banning medical marijuana. The Grand Rapids suburb of Wyoming is one of a few local governments that has banned medical marijuana – citing federal drug laws. A Wyoming resident and medical marijuana patient sued the city. Yesterday the Court of Appeals ruled cities cannot ban medical marijuana because state law allows it. The judges say any prosecution under federal laws would be up to the federal government, not local governments. A similar case against the City of Birmingham in metro Detroit is pending.

Search for Asian carp in Lake Erie

Scientists have begun searching two of western Lake Erie's bays and tributary rivers for signs of dreaded Asian carp. Officials announced last month that DNA from bighead and silver carp had been detected in Lake Erie water samples taken a year ago. They said the six positive hits among more than 400 samples they examined didn't necessarily mean the invasive fish have established a population in the lake. Natural resource departments in Michigan and Ohio are teaming with the U.S. Fish and Wildlife Service to take a closer look. Crews are collecting water this week in the Sandusky River and Bay and the Maumee River and Bay, in the same areas where the positive samples were taken in 2011. Next week, they will use electroshocking and netting to catch fish.

Juvenile lifers

Michigan Attorney General Bill Schuette says hundreds of juveniles sentenced to life without parole for murder or complicity in a murder should not get re-sentencing hearings. Schuette says a U-S Supreme Court ruling that struck down Michigan’s mandatory life without parole law for juveniles should only apply to future cases. He has asked the state Supreme Court to limit the scope of the federal decision.
Deborah LaBelle is an attorney with the American Civil Liberties Union. She says if Schuette prevails, the effect would be catastrophic on people sent to prison as juveniles who were not given a fair shake by the system. Schuette says it’s not fair that murder victims’ families would have to return to court for re-sentencing hearings after they were assured their cases were over. 

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