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Schuette Announces He Will Appeal Federal Court Ruling Opening Door for Parole for Teenage Murderers Contact:
Joy Yearout 517-373-8060
General Bill Schuette today announced he will appeal a ruling by a federal court
opening the door for parole for approximately 360 teenage murderers currently
serving life sentence without the possibility of parole.
murder is a serious crime, and it carries with it serious consequences," said
Schuette. "In every case where a juvenile is sentenced to life in prison, a
victim was already sentenced to death - forever. The victim's family then
grapples with the aftermath of post-traumatic stress, depression, unyielding
grief, and visits to a grave."
"This ruling in
Hill v Snyder will force families of murder victims to re-live the crime
that took their loved ones away. It calls for unnecessary hearings not required
by the U.S. Supreme Court or State Courts. Furthermore, it ignores the
authority of state court sentencing judges to object to parole when public
safety requires it."
Schuette noted that
the order issued by U.S. District Court Judge John Corbett O'Meara in Hill v.
Snyder on November 26, 2013 raises many concerns meriting an appeal,
including the requirement that the Michigan Department of Corrections open the
door to parole for nearly 360 teenage murders currently serving life sentences
without the possibility of parole. Such parole hearings are not warranted under
existing Supreme Court precedent. The federal retroactivity standard
established by the U.S. Supreme Court in Teague v. Lane in 1989, commonly
known as 'the Teague Rule,' states that U.S. Supreme Court rulings are not
generally retroactive for matters of judicial process.
noted that existing state court precedent reflects the federal precedent. In
November 2012, the the Michigan Court of Appeals clarified that Miller v.
Alabama does not apply retroactively to teenage murderers who have already
been found guilty and have exhausted their direct appeals.
expressed concern that O'Meara's ruling sought to undermine the statutory
authority of state sentencing judges to block parole for violent criminals, when
warranted for public safety.
file an appeal with the U.S. Court of Appeals for the 6th Circuit.