These individuals will eventually be resentenced under Sections 769.25 and 769.25a, but two cases pending before the Michigan Supreme Court have delayed their Miller hearings. See People v. Skinner , 500 Mich. 929, 889 N.W.2d 487 (2017) (mem.); People v. Hyatt , 500 Mich. 929, 889 N.W.2d 487 (2017) (mem.).
As the Sixth Circuit has observed, "two cases pending before the Michigan Supreme Court have delayed ... Miller hearings. See People v. Skinner, 500 Mich. 929, 889 N.W.2d 487 (2017) (mem.); People v. Hyatt, 500 Mich. 929, 889 N.W.2d 487 (2017) (mem.).
As the Sixth Circuit has observed, "two cases pending before the Michigan Supreme Court have delayed . . . Miller hearings. See People v. Skinner, 889 N.W. 2d 487 (Mich. 2017) (mem.); People v. Hyatt, 889 N.W. 2d 487 (Mich. 2017) (mem.).
This Court granted the prosecutor's application for leave to appeal and directed the parties to address "whether the decision to sentence a person under the age of 18 to a prison term of life without parole under MCL 769.25 must be made by a jury beyond a reasonable doubt[.]" People v. Skinner , 500 Mich. 929, 929, 889 N.W.2d 487 (2017). B. HYATT
Our research further reveals that none of the highest courts in other states have ruled that Miller requires either expert testimony or a jury determination pursuant to Apprendi and its progeny for a juvenile to constitutionally be sentenced to life without the possibility of parole. But see People v. Skinner, 500 Mich. 929, 889 N.W.2d 487 (2017) (Michigan Supreme Court granted allowance of appeal to consider "whether the decision to sentence a person under the age of 18 to a prison term of life without parole under MCL 769.25 must be made by a jury beyond a reasonable doubt" pursuant to Apprendi ). VIII. Conclusion