No. 20-6626

Ihab Masalmani v. Michigan

Lower Court: Michigan
Docketed: 2020-12-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: burden-of-proof cruel-and-unusual-punishment due-process irreparable-corruption juvenile-justice juvenile-sentencing life-without-parole miller-hearing
Key Terms:
DueProcess Punishment
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (AI Summary)

Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles' rights to due process and to be free from cruel and unusual punishment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL Whether the government must bear the burden of proof at a Miller hearing that a juvenile is irreparably corrupt, consistent with juveniles’ rights to due process and to be free from cruel and unusual punishment? I. Whether there is a presumption against life without parole sentences for juveniles? ii

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-02
Brief of respondent State of Michigan in opposition filed.
2021-02-19
Motion to extend the time to file a response is granted and the time is extended to and including April 5, 2021.
2021-02-11
Motion to extend the time to file a response from March 5, 2021 to April 5, 2021, submitted to The Clerk.
2021-02-03
Response Requested. (Due March 5, 2021)
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent Michigan to respond filed.
2020-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2021)

Attorneys

Ihab Masalmani
Tina N. OlsonState Appellate Defender Office, Petitioner
Michigan
Joshua D. AbbottMacomb County Prosecutor's Office, Respondent
State of Michigan
Joshua David AbbottMacomb County Prosecutor's Office, Respondent