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PEOPLE v. CARP

Docket Nos. 146478, 146819, 147428. Calendar Nos. 4, 5, 6.

852 N.W.2d 801 (2014)

496 Mich. 440

PEOPLE v. CARP People v. Davis People v. Eliason

Supreme Court of Michigan.

Decided July 8, 2014.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Michael D. Wendling , Prosecuting Attorney, and Hilary B. Georgia , Assistant Prosecuting Attorney, for the people in Carp.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Kym L. Worthy , Prosecuting Attorney, and Timothy A. Baughman , Chief of Research, Training and Appeals, for the people in Davis.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Michael J. Sepic , Prosecuting Attorney, and Elizabeth A. Wild , Assistant Prosecuting Attorney, for the people in Eliason.

Selby Law Firm, PLLC (by Patricia L. Selby , Grosse), for Raymond C. Carp. Hubbell DuVall PLLC, Southfield, (by Clinton J. Hubbell ) and Bryan A. Stevenson for Cortez R. Davis.

State Appellate Defender (by Jonathan Sacks and Brett DeGroff ) for Dakotah Wolfgang Eliason.

Kym L. Worthy , Prosecuting Attorney, and Timothy A. Baughman , Chief of Research, Training and Appeals, for the Wayne County Prosecuting Attorney in Eliason.

Miller Johnson (by Jon R. Muth and Patrick M. Jaicomo Grand Rapids) for 450 students of Father Gabriel Richard High School, Ann Arbor, Michigan.

Daniel S. Korobkin , Michael J. Steinberg , and Kary L. Moss for the American Civil Liberties Union and the American Civil Liberties Union of Michigan in Carp.

Baker & McKenzie LLP (by Sarah Winston ) for numerous victims of crime and victims' rights organizations.

Covington & Burling LLP (by Sarah E. Tremont , Brendan Parets , and Krysten Rosen ) for numerous faith-based organizations and religious leaders.

Honigman Miller Schwartz and Cohn LLP (by Mitra Jafary-Hariri ) and NAACP Legal Defense and Educational Fund, Inc. (by Jin Hee Lee and Vincent M. Sutherland ), for NAACP Legal Defense and Educational Fund, Inc.

Miller, Canfield, Paddock and Stone, PLC (by Thomas W. Cranmer and Paul D. Hudson ), for an ad hoc committee made up of former officials of the Department of Corrections; numerous correctional, penological, mental health, community, and justice organizations; and individual criminaljustice experts in Carp and Davis.

Schiff Hardin LLP (by Robert J. Wierenga , Kimberly K. Kefalas , Suzanne Larimore Wahl , and Jessica Anne Sprovtsoff ) for an ad hoc committee made up of former prosecuting attorneys, former judges, former governmental officials, and various leaders of bar associations, law school deans, and law school professors in Carp and Davis.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, and B. Eric Restuccia , Deputy Solicitor General, for the Attorney General in Carp.

Juvenile Law Center (by Marsha L. Levick ) and Rhoades McKee PC (by Bruce W. Neckers ) for the Juvenile Law Center and numerous organizations and individuals.

Stuart G. Friedman for the Criminal Defense Attorneys of Michigan in Carp.

Kimberly Thomas for the Criminal Defense Attorneys of Michigan in Davis.

State Appellate Defender (by Michael L. Mittlestat and Erin Van Campen ) for the State Appellate Defender Office in Carp.

MARKMAN, J.

We granted leave to appeal to address (1) whether Miller v. Alabama, 567 U.S. ___, 132 S.Ct. 2455, 183 L.Ed.2d 407 132 S.Ct. 2455; 183 L.Ed.2d 407 (2012), should be applied retroactively — pursuant to either the federal or state test for retroactivity — to cases in which the defendant's sentence became final for purposes of direct appellate review before Miller...

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