People v. Skinner, 877 N.W.2d 482 (Mich. App. Ct. 2015) – Juvenile defendant (age 17 at time of crimes) was convicted of first-degree murder, attempted murder, and conspiracy to commit murder. She was sentenced to mandatory life without parole (murder) and two life sentences (attempt and conspiracy). During the pendency of the defendant’s appeals, Miller was decided, and a new statute in Michigan was enacted. [check procedural history]] The Michigan Court of Appeals held that juveniles convicted of first-degree murder in Michigan have a right to jury findings before they can receive a life-without-parole sentence. Under Michigan’s newly enacted statute, a juvenile convicted of first-degree murder is subject to a term-of-years sentence unless the prosecutor files a motion seeking life without parole and the court conducts a sentencing hearing where additional findings based on aggravating and mitigating factors are made on the record. Thus, “at the point of conviction, absent a motion by the prosecution and without additional findings on the Miller factors, the maximum punishment that a trial court may impose upon a juvenile convicted of first-degree murder is a term-of-years prison sentence.” The court concluded that the Michigan statute “subjects [the] defendant to harsher punishment based on judicially found facts in contravention of the Sixth Amendment.” The Skinner court instructed that the trial court on remand “should impanel a jury and hold a sentencing hearing where the prosecution is tasked with proving that the factors in Miller support that the juvenile’s offense reflects ‘irreparable corruption’ beyond a reasonable doubt.” The court stated that after evidence is presented, “the trial court should instruct the jury that it must consider, whether in light of the factors set forth in Miller and any other relevant evidence, the defendant’s offense reflects irreparable corruption beyond a reasonable doubt sufficient to impose a sentence of life without parole.” If the jury decides this question in the negative, the court must impose a term-of-years sentence.