Supreme Court of Colorado
The People of the State of Colorado, Petitioner v. Michael Quinn Tate — Rice, J., Concurring in Part and Dissenting…
June 1, 2015352 P.3d 959
Summary
Justice Rice would remedy the unconstitutional juvenile life-without-parole scheme by severing the temporal restrictions that prevented certain juveniles from receiving parole eligibility after forty years, rather than by creating a new individualized sentencing procedure. She agreed with the majority's retroactivity analysis but dissented from the remainder because sentencing-policy choices belong to the legislature. Justice Coats, concurring in part and dissenting in part, likewise rejected judicially redefining the statutes and would treat the constitutional rule as requiring individualized proportionality review.