No. 18-6777

Kenya Ali Hyatt v. Michigan

Lower Court: Michigan
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: eighth-amendment fourteenth-amendment jury-determination juvenile-life-without-parole juvenile-sentencing miller-v-alabama proof-beyond-reasonable-doubt sentencing sentencing-statute sixth-amendment
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2019-04-12 (distributed 2 times)
Related Cases: 18-6782 (Vide)
Question Presented (AI Summary)

Whether Michigan's Miller statute requires a jury determination and proof beyond a reasonable doubt

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Michigan’s Miller v. Alabama sentencing statute requires a jury determination and proof beyond a reasonable doubt, under the Sixth and Fourteenth Amendments, of circumstances that increase the potential punishment from that available after the jury determination of guilt? IL. Whether the Eighth Amendment requires the finding of narrowing criteria, such as permanent incorrigibility or irreparable corruption, prior to allowing the imposition of a life without parole sentence on a juvenile?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-25
Reply of petitioner Kenya Hyatt filed.
2019-03-13
Brief of respondent State of Michigan in opposition filed.
2019-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2019.
2019-02-04
Motion to extend the time to file a response from February 11, 2019 to March 13, 2019, submitted to The Clerk.
2019-01-10
Response Requested. (Due February 11, 2019)
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-19
Waiver of right of respondent Michigan to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Kenya Hyatt
Kimberly A. ThomasJuveniel Justice -University of Michigan Law School, Petitioner
Kimberly A. ThomasJuveniel Justice -University of Michigan Law School, Petitioner
State of Michigan
Michael A. TesnerGenesse County prosecutor's, Respondent
Michael A. TesnerGenesse County prosecutor's, Respondent