Najee Sharif Wilkins v. Michigan
Punishment HabeasCorpus
Petitioner was sentenced to 45-100 years concurrent to 10-40 years for second-degree murder and perjury committed when he was under the age of 18 which makes him ineligible for release on parole until the age of 68. Before imposing these sentences, the sentencing judge did not consider Petitioner's mitigating characteristics of youth, that is, his impulsivity, susceptibility to peer oressure, and the transient nature of these characteristics, see Miller v. Alabama, 567 U.S. 467, 471 (2012), and did not find that he is one of the "rarest of children . whose crimes reflect irreparable corruption," Montgomery v. Louisiana, 136 S.Ct. 718, 726 (2016), as the Eighth Amendment requires when juvenile offenders are sentenced to life Without parole, which this Court defined as. a sentence that does not provide"some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation." Miller, at 479. Does Petitioner's sentence violate the Eighth Amendment?
A prosecution witness testified at the preliminary examination but refused to testify at trial. His preliminary examination testimony was admitted at trial over defense counsel's objection that he did not have an adequate opportunity to cross-examine the witness at the preliminary examination because he had not yet received full discovery at that time. Did the admission of the witness's testimony violate the Confrontation Clause?
Does Petitioner's sentence violate the Eighth Amendment?