Michigan v. Parks (Opinion on Application - Remand to TC)Annotate this Case
Kemo Parks was convicted by jury for first-degree premeditated-murder. Parks was 18 years old when he aided and abetted in the murder. Parks argued that his sentence was cruel and/or unusual punishment under both the United States and Michigan Constitutions. Under current United States Supreme Court precedent, the Michigan Supreme Court concluded Parks’s Eighth Amendment argument failed. However, the Court held his sentence of mandatory life without parole violated the Michigan Constitution’s ban on “cruel or unusual” punishment. Specifically, his sentence lacked proportionality because it failed to take into account the mitigating characteristics of youth, specifically late-adolescent brain development. Therefore, the Supreme Court reversed the portion of the judgment of the Court of Appeals affirming Parks’s sentence, vacated Parks’s life-without-parole sentence, and remanded this case to the Circuit Court for resentencing proceedings.