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In the Supreme Court of the United States Tia Skinner

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In the Supreme Court of the United States Tia Skinner No.18- IN THE SUPREME COURT OF THE UNITED STATES TIA SKINNER Petitioner, V. STATE OF MICHIGAN Respondent. On Petition for a Writ of Certiorari to the Supreme Court of Michigan APPENDIX Kimberly Thomas (P66643) Counsel of Record University of Michigan Law School Juvenile Justice Clinic 701 S. State St. Ann Arbor, MI 48109 734-763-1193 [email protected] [email protected] Attorney for Petitioner i APPENDICES a. People v. Skinner, 917 N.W.2d 292 (Mich. 2018) (published Michigan Supreme Court opinion) ............................................................................................................................. 1a b. People v. Skinner, 312 N.W.2d 484 (Mich. App. 2015) (published Michigan Court of Appeals opinion) ..............................................................................................................30a c. People v. Skinner Order Denying Motion for Jury Determination (trial court order dated Sept. 9, 2014) ...................................................................................................................64a d. People v. Skinner, 2018 WL 5929052 (No. 317892, Nov. 13, 2018) (affirming life without parole sentence on remand) ................................................................................65a e. People v. Skinner, 915 N.W.2d 886, Case No. 152448 (Mich. Aug. 24, 2018) (mem.) (denying rehearing in Michigan Supreme Court) ............................................................74a f. Mich. Comp. L. § 769.25 .................................................................................................75a g. Mich. Comp. L. § 769.25a ............................................................................................... 76a 1a APPENDIX A People v. Skinner, 502 Mich. 89 (2018) 917 N.W.2d 292 502 Mich. 89 Supreme Court of Michigan. Holdings: The Supreme Court, Markman, C.J., held that: PEOPLE of the State of Michigan, [1] life without parole for juveniles is authorized by the Plaintiff-Appellant, jury’s verdict alone and does not require finding of fact v. regarding juvenile’s incorrigibility, and Tia Marie-Mitchell SKINNER, Defendant-Appellee. [2] decision to sentence a juvenile to life without parole is People of the State of Michigan, to be reviewed under the traditional abuse-of-discretion Plaintiff-Appellant, standard. v. Kenya Ali Hyatt, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellee, Affirmed in part, reversed in part, and remanded. v. Kenya Ali Hyatt, Defendant-Appellant. McCormack, J., filed dissenting opinion in which Bernstein, J., joined. No. 152448, No. 153081, No. 153345 | Argued October 12, 2017 | Filed June 20, 2018 West Headnotes (17) [1] Jury Synopsis Sentencing Matters Background: In first case, defendant was convicted of Sentencing and Punishment first-degree murder and other crimes committed when Validity defendant was juvenile. Defendant appealed, and on Sentencing and Punishment remand from the Court of Appeals, 2013 WL 951265, for Juvenile offenders resentencing following affirmance of convictions, the Circuit Court, St. Clair County, Daniel J. Kelly, J., Statute governing life without parole for sentenced defendant to life without parole. Defendant defendant less than 18 years old does not violate appealed, and the Court of Appeals, 312 Mich.App. 15, the Sixth Amendment, and thus sentence of life 877 N.W.2d 482, vacated and remanded. Prosecution’s without parole is authorized by the jury’s verdict application for leave to appeal was granted. In second alone and does not require finding of fact case, another defendant was convicted in the Genesee regarding child’s incorrigibility, since neither Circuit Court, Judith A. Fullerton, J., of first-degree the statute nor the Eighth Amendment requires a felony murder, conspiracy to commit armed robbery, judge to find any particular fact before imposing armed robbery, and possession of firearm during life without parole. U.S. Const. Amends. 6, 8; commission of felony, and was sentenced to life without Mich. Comp. Laws Ann. § 769.25. possibility of parole. He appealed. The Court of Appeals, 314 Mich.App. 140, 885 N.W.2d 900, reversed but declared conflict. Special conflict panel was convened. Cases that cite this headnote The Court of Appeals, 316 Mich.App. 368, 891 N.W.2d 549, vacated and remanded. Prosecution’s application for leave to appeal was granted. [2] Criminal Law © 2018 Thomson Reuters. No claim to original U.S. Government Works. 1 2a People v. Skinner, 502 Mich. 89 (2018) 917 N.W.2d 292 Review De Novo courts have a duty to construe a statute as constitutional unless its unconstitutionality is Matters of constitutional and statutory clearly apparent. interpretation are reviewed de novo. Cases that cite this headnote Cases that cite this headnote [6] Jury [3] Constitutional Law Sentencing Matters Judicial Authority and Duty in General Sentencing and Punishment Constitutional Law Factors enhancing sentence Clearly, positively, or unmistakably unconstitutional If a State makes an increase in a defendant’s authorized punishment contingent on the finding In analyzing constitutional challenges to of a fact, that fact—no matter how the State statutes, the Supreme Court’s authority to labels it—must be found by a jury beyond a invalidate laws is limited and must be predicated reasonable doubt. on a clearly apparent demonstration of unconstitutionality. Cases that cite this headnote Cases that cite this headnote [7] Jury Sentencing Matters [4] Jury Sentencing Matters The Sixth Amendment only prohibits trial courts’ fact-finding that increases a defendant’s Any fact that exposes the defendant to a greater sentence; it does not prohibit fact-finding that punishment than that authorized by the jury’s reduces a defendant’s sentence. U.S. Const. guilty verdict is an “element” that must be Amend. 6. submitted to a jury. Cases that cite this headnote Cases that cite this headnote [8] Jury [5] Constitutional Law Sentencing Matters Presumptions and Construction as to Constitutionality A factual finding made by the court that an Constitutional Law aggravating circumstance exists does not violate Clearly, positively, or unmistakably the Sixth Amendment as it does not expose the unconstitutional defendant to an enhanced sentence, that is, a sentence that exceeds the one authorized by the Statutes are presumed to be constitutional, and © 2018 Thomson Reuters. No claim to original U.S. Government Works. 2 3a People v. Skinner, 502 Mich. 89 (2018) 917 N.W.2d 292 jury’s verdict alone. U.S. Const. Amend. 6. Cases that cite this headnote Cases that cite this headnote [12] Jury Sentencing Matters [9] Sentencing and Punishment Sentencing and Punishment Necessity Juvenile offenders Statute governing life without parole for The Eighth Amendment does not require the defendant less than 18 years old does not require finding of any particular fact before imposing a the trial court to make any particular factual life-without-parole sentence against a juvenile, finding before it can impose a and therefore the Sixth Amendment is not life-without-parole sentence. Mich. Comp. Laws violated by allowing the trial court to decide Ann. § 769.25. whether to impose life without parole. U.S. Const. Amends. 6, 8. 1 Cases that cite this headnote 1 Cases that cite this headnote [10] Sentencing and Punishment Juvenile offenders [13] Sentencing and Punishment Juvenile offenders Just as courts are not allowed, under the Eighth Amendment, to impose disproportionate Statute governing life without parole for sentences, courts are not allowed to sentence defendant less than 18 years old requires trial juveniles who are not irreparably corrupt as courts to consider the Miller v. Alabama factors determined by Miller v. Alabama to life without before imposing life without parole in order to parole. U.S. Const. Amend. 8. ensure that only those juveniles who are irreparably corrupt are so sentenced; whether a juvenile is irreparably corrupt is not a factual Cases that cite this headnote finding, but is a moral judgment that is made after considering and weighing the Miller v. Alabama factors. Mich. Comp. Laws Ann. § 769.25. [11] Sentencing and Punishment Juvenile offenders Cases that cite this headnote Just as whether a sentence is proportionate is not a factual finding, whether a juvenile is “irreparably corrupt” as determined by Miller v. Alabama, so as to be sentenced to life without [14] Criminal Law parole, is not a factual finding required by the Application of guidelines Eighth Amendment. U.S. Const. Amend. 8. Criminal Law Review De Novo © 2018 Thomson Reuters. No claim to original U.S. Government Works. 3 4a People v. Skinner, 502 Mich. 89 (2018) 917 N.W.2d 292 Review de novo, in which a panel of appellate parole is to be made by a judge and this decision judges could substitute its own judgment for that is to be reviewed under the traditional of the trial court, is not the appropriate standard abuse-of-discretion standard. Mich. Comp. Laws by which to review a determination that a Ann. § 769.25. substantial and compelling reason exists to justify a departure from the guidelines range; instead, the appellate court must accord this 1 Cases that cite this headnote determination some degree of deference. Cases that cite this headnote Attorneys and Law Firms **294 Bill Schuette, Attorney General, Aaron D. [15] Criminal Law Lindstrom, Solicitor General, Michael D. Wendling, Discretion of Lower Court Prosecuting Attorney, and Hilary B. Georgia, Senior Assistant Prosecuting Attorney, for the people in Docket
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