Carp v. Michigan

Supreme Court

Carp v. Michigan

136 S. Ct. 1355, 194 L. Ed. 2d 339, 84 U.S.L.W. 3494, 2016 U.S. LEXIS 1697

CourtSupreme Court of the United States

DecidedMarch 7, 2016

DocketNo. 14–824.

StatusPublished

Cited by4 cases

This text of 136 S. Ct. 1355 (Carp v. Michigan) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carp v. Michigan, 136 S. Ct. 1355, 194 L. Ed. 2d 339, 84 U.S.L.W. 3494, 2016 U.S. LEXIS 1697 (U.S. 2016).

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Opinion

The motion of petitioner in No. 14-8106 for leave to proceed in forma pauperis is granted. On petition for writ of certiorari to the Supreme Court of Michigan. Petition for writ of certiorari is granted. Judgment vacated, and case remanded to the Supreme Court of Michigan for further consideration in light of Montgomery v. Louisiana, 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016).

Justice THOMAS, with whom Justice ALITO joins, concurring in the decision to grant, vacate, and remand in this case:

The Court has held the petition in this and many other cases pending the decision in Montgomery v. Louisiana, 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). In holding this petition and now vacating and remanding the judgment below, the Court has not assessed whether petitioner's asserted entitlement to retroactive relief 'is properly presented in the case.' Id., at ----, 136 S.Ct. 718 (slip op., at 13). On remand, courts should understand that the Court's disposition of this petition does not reflect any view regarding petitioner's entitlement to relief. The Court's disposition does not, for example, address whether an adequate and independent state ground bars relief, whether petitioner forfeited or waived any entitlement to relief (by, for example, entering into a plea agreement waiving any entitlement to relief), or whether petitioner's sentence actually qualify as mandatory life without parole sentence.

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The motion of petitioner in No. 14-8106 for leave to proceed in forma pauperis is granted. On petition for writ of certiorari to the Supreme Court of Michigan. Petition for writ of certiorari is granted. Judgment vacated, and case remanded to the Supreme Court of Michigan for further consideration in light of Montgomery v. Louisiana, 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016).

Justice THOMAS, with whom Justice ALITO joins, concurring in the decision to grant, vacate, and remand in this case:

The Court has held the petition in this and many other cases pending the decision in Montgomery v. Louisiana, 577 U.S. ----, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016). In holding this petition and now vacating and remanding the judgment below, the Court has not assessed whether petitioner's asserted entitlement to retroactive relief 'is properly presented in the case.' Id., at ----, 136 S.Ct. 718 (slip op., at 13). On remand, courts should understand that the Court's disposition of this petition does not reflect any view regarding petitioner's entitlement to relief. The Court's disposition does not, for example, address whether an adequate and independent state ground bars relief, whether petitioner forfeited or waived any entitlement to relief (by, for example, entering into a plea agreement waiving any entitlement to relief), or whether petitioner's sentence actually qualify as mandatory life without parole sentence.

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Bluebook (online)

136 S. Ct. 1355, 194 L. Ed. 2d 339, 84 U.S.L.W. 3494, 2016 U.S. LEXIS 1697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carp-v-michigan-scotus-2016.

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