Juvenile Lifer Update

Following Montgomery v. Louisiana, ___ U.S. ___, 136 S.Ct. 718 (2016), Michigan prosecutors have 180 days “after the date the supreme court’s decision becomes final” to file notices of whether they will be requesting a life without the possibility of parole sentence in individual cases. MCL 769.25a(4)(b). Just last week, we received word from the Attorney General that all prosecutors are now operating off of a deadline of July 22, 2016 to file notice of whether they will seek a life sentence in individual cases. This date is 180 days from the Montgomery decision, rather than 180 days from the mandate, which would have put the deadline into mid-August. Most county prosecutors will likely follow this July 22, 2016 deadline. This means that we should know by the week of July 25th whether the county prosecutor will be seeking a life sentence without the possibility of parole in individual cases. Attorneys will be in contact with their clients soon after receiving notice.