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160034 - People v Robin Rick Manning

The People of the State of Michigan,

 

Heidi Williams

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Saginaw– Borchard, J.)

 

Robin Rick Manning,

 

Amanda Rice

 

Defendant-Appellant.

 

Summary

In 1985, the defendant was convicted of first-degree murder and other crimes for his participation in a fatal shooting.  He was sentenced to the mandatory term of life without parole (LWOP).  He was 18 years and 3 months old when he committed the crimes.  In 2018, the defendant filed a successive motion for relief from judgment, seeking resentencing under Miller v Alabama, 567 US 460 (2012), in which the U.S. Supreme Court held that mandatory LWOP violates the Eighth Amendment’s prohibition against cruel and unusual punishments when applied to offenders under the age of 18.  In Montgomery v Louisiana, 136 S Ct 718 (2016), the U.S. Supreme Court held that Miller announced a new substantive constitutional rule and, therefore, was retroactive on state collateral review.  The defendant argued in his successive motion for relief from judgment that Miller should be applied to him in light of new scientific evidence regarding brain development.  The trial court denied the defendant’s motion and the Court of Appeals dismissed his application for leave to appeal.  The Supreme Court has ordered oral argument on the application to address:  (1) whether the defendant’s successive motion for relief from judgment is “based on a retroactive change in law,” MCR 6.502(G)(2), where the law relied upon does not automatically entitle him to relief; and (2) if so, whether the United States Supreme Court’s decisions in Miller v Alabama, 567 US 460 (2012), and Montgomery v Louisiana, 136 S Ct 718 (2016), should be applied to 18 year old defendants convicted of murder and sentenced to mandatory life without parole, under the Eighth Amendment to the United States Constitution or Const 1963, art 1, § 16, or both.​