Updated

Updated · The New York Times · Jun 9

Michigan Appeals Court Vacates Whitmer Plot Conviction, Sending 4-to-20-Year Case Back

Updated

Updated · The New York Times · Jun 9

Michigan Appeals Court Vacates Whitmer Plot Conviction, Sending 4-to-20-Year Case Back

Q: With his conviction overturned on a legal technicality, will Joseph Morrison now face a retrial?

Possibly, but not automatically. The Michigan Court of Appeals vacated Joseph Morrison’s convictions and sent the case back to the Jackson County trial court for further proceedings, which means prosecutors may seek a new trial. The appeals court did not acquit him or bar retrial; it ruled that the jury had been instructed under an incorrect reading of Michigan’s anti-terrorism law, specifically on whether kidnapping qualifies as the required “violent felony.” That leaves the state with options. Prosecutors can retry Morrison under a corrected legal theory if they believe the remaining evidence supports the charges, or they could pursue different charges or dismiss the case. Attorney General Dana Nessel has also said she plans to appeal the ruling to the Michigan Supreme Court, which could delay or alter what happens next. So the immediate answer is that Morrison is now headed for more court proceedings, and a retrial is legally possible. But whether a new trial actually happens will depend on the trial court process and on whether the Michigan Supreme Court takes up the state’s appeal and reverses the appellate ruling.

3 articles · Updated · The New York Times · Jun 9

A three-judge Michigan Court of Appeals panel overturned Joseph Morrison’s conviction in the 2020 plot to kidnap Gov. Gretchen Whitmer and sent the case back to Jackson County for possible retrial.
Judges said Morrison had been prosecuted under a flawed reading of state law and that jurors received faulty instructions before deliberating.
Morrison had been serving a 4-to-20-year prison sentence; his lawyer called the ruling justice after what he described as a trial rife with due-process violations.
The decision reopens one of the most closely watched domestic terrorism cases from the 2020 election season, where more than a dozen men were charged but prosecutors ultimately saw a mix of convictions and acquittals.
Defense lawyers throughout the Whitmer cases had also challenged the role of federal agents and informants, arguing their interactions may have influenced the men charged.