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KITCHEN v. WHITMER

No. 22-2160.

106 F.4th 525 (2024)

Michael Andrew KITCHEN, Plaintiff-Appellee, v. Gretchen WHITMER, Governor; Heidi E. Washington; Brian Shipman, Defendants-Appellants, Michael C. Eagen, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2024.

Attorney(s) appearing for the Case

ARGUED: Joshua S. Smith, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants. Joshua L. Zeman, TROUTMAN PEPPER HAMILTON SANDERS, LLP, Southfield, Michigan, for Appellee. ON BRIEF: Zachary A. Zurek, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants. Joshua L. Zeman, Matthew J. Lund, TROUTMAN PEPPER HAMILTON SANDERS, LLP, Southfield, Michigan, for Appellee.

NALBANDIAN, J., delivered the opinion of the court in which MURPHY, J., joined. WHITE, J. (pp. 544-52), delivered a separate dissenting opinion.

OPINION

In 1987, a Michigan state court sentenced seventeen-year-old Michael Kitchen to forty-two to sixty years in prison. Under Michigan law, Kitchen is not eligible for parole until he completes his minimum sentence. Mich. Comp. Laws § 791.234(1). This means he will not be considered for parole until...

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