How to Appeal a Juvenile Life Sentence in Michigan
- Mark Linton
- Jun 8
- 4 min read

Recent rulings on juvenile life sentences without parole (LWOP) have changed a harsh punishment for young offenders in Michigan. The U.S. Supreme Court and Michigan Supreme Court made the justice system see and support a truth — a truth clear to many advocates, families, and even judges for years:
Children below the age of 21 aren’t simply smaller versions of adults. They're still developing kids.
As a result, Michigan courts ceased to impose automatic life without parole (LWOP) sentences on offenders under 21. These sentences are now closely examined. Courts now recognize that young offenders can learn from their mistakes and change for the better — an essential foundation for juvenile life sentence appeals in Michigan.
Judges now have the power and responsibility to look deeper into juvenile LWOP cases and exercise discretion. They consider who the child was at the time of the crime, who they are now, and who they might still become.
This article explains what judicial discretion means today for juvenile life without parole resentencing in Michigan. It covers how discretion is used and the legal guidelines that shape it.
Understanding Judicial Discretion in Juvenile Sentencing
Judicial discretion is a judge’s ability to carry out an individualized evaluation and make decisions within the bounds of the law. When it comes to juvenile LWOP appeals in Michigan, judges now get to consider various factors when determining an appropriate sentence.
In the past, laws limited discretion by mandating LWOP for offenses like first-degree murder. But recent court rulings like Miller v. Alabama (2012) changed how courts approach these cases, opening the door for more thoughtful juvenile life sentence appeals in Michigan.
Following Miller, cases like People v. Carp (2014) and Montgomery v. Louisiana (2016) allowed retroactive review for those sentenced as juveniles. Later, People v. Parks (2022), People v. Czernecki (2025), and People v. Taylor (2025) expanded the protections to those aged 18, 19, and 20.
Michigan's Legislative Response
In response to these rulings, Michigan reformed its laws to ensure juvenile life sentencing is constitutional. Under Michigan Compiled Laws (MCL) 769.25, prosecutors must file a motion if they seek LWOP for a juvenile. If no motion is filed within 180 days, LWOP is off the table, and a term of years is the default.
MCL 769.25a outlines resentencing procedures for individuals previously sentenced to LWOP. These changes create more opportunities for successful juvenile life without parole resentencing in Michigan — but only if the case is handled by a skilled Michigan juvenile resentencing lawyer.
Factors Influencing Judicial Discretion in Michigan Juvenile Life Sentencing
In Michigan, judges exercise judicial discretion based on the individualized characteristics of the offender and the offense. MCL 769.25(6) codifies the obligation to consider certain "Miller factors" before imposing LWOP on a juvenile. These factors are now critical in Michigan juvenile life sentence legal help and appeals.
Age and Maturity at the Time of the Offense
Age alone isn't enough — judges look deeper into the juvenile's neurodevelopmental stage and maturity. Neuroscientific evidence shows that adolescents struggle with impulse control and risk assessment, largely due to an underdeveloped prefrontal cortex.
This research has been accepted by courts, including in People v. Skinner (2018), where the Michigan Supreme Court emphasized considering the diminished culpability of youth. This insight is central to many juvenile life sentence appeals in Michigan today.
Family, Home Environment, and Socioeconomic Factors
Judges evaluate whether a juvenile's environment — including poverty, abuse, gang exposure, and substance use — contributed to their offense. Exposure to Adverse Childhood Experiences (ACEs) is a major consideration in sentencing and resentencing efforts. Expert testimony is often needed for successful juvenile LWOP appeals in Michigan.
Mental Health and Cognitive Functioning
Forensic evaluations of mental health conditions, intellectual disabilities, or developmental disorders play a key role. Courts consider records and expert assessments to determine if the juvenile had the emotional or psychological maturity to fully understand their actions — a central argument for any experienced Michigan appellate attorney juvenile cases.
In People v. Miller, the court recognized mental and emotional health as key considerations in deciding whether LWOP is appropriate.
Capacity for Change and Rehabilitation
Judges examine how the juvenile has behaved during incarceration — their disciplinary record, educational accomplishments, participation in rehabilitation programs, and insight into their actions.
The Michigan Supreme Court, in People v. Hyatt (2016), requires clear findings that a juvenile is either irreparably corrupt or capable of reform. Proving a capacity for change is essential in juvenile life sentence appeals in Michigan.
Nature and Circumstances of the Offense
While the nature of the offense matters, Michigan law stresses that even the darkest crime doesn't erase the possibility for rehabilitation. Judges are urged to consider whether the offense was the act of a hardened leader or an impulsive follower — crucial context in juvenile life without parole resentencing Michigan proceedings.
Why Expert Appellate Counsel Matters
Facing a juvenile life sentence — or seeking to overturn one — is overwhelming. It can strip away futures not yet written. When the stakes are this high, working with a Michigan juvenile resentencing lawyer who knows how to navigate these complex cases is critical.
Mark Linton is a highly respected Michigan appellate attorney for juvenile cases. He brings more than legal skill — he brings compassion, insight, and strategic brilliance. He excels in making judges see the full picture — the trauma, growth, and potential for change — that can turn the tide in juvenile LWOP appeals in Michigan.
Mark’s work has helped families secure second chances. If you need Michigan
juvenile life sentence legal help, don't let the system write the final chapter.
Contact Mark Linton today to protect your child’s future — because one mistake should never steal a lifetime.
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