The Michigan Court of Appeals on Tuesday vacated the conviction of a Jackson County man alleged to have provided aid to a 2020 plot to kidnap Gov. Gretchen Whitmer.
Joseph Morrison was convicted in 2022 of gang membership felonies, felony firearm and providing material support for terrorist acts in relation to his alleged role in support of a kidnapping plot of the Democratic governor that prosecutors said was led by Adam Fox and Barry Croft Jr. during the COVID-19 pandemic. Morrison was sentenced to four to 20 years in prison on the gang and terrorism support convictions and two years on felony firearm.
But the three-judge appellate panel on Tuesday ruled that kidnapping, under the letter of Michigan law, is not considered a “violent felony” and therefore cannot be presented to a jury to establish a terrorism-related charge.
The panel ― made up of Judges Thomas Cameron, Mark Boonstra and Brock Swartzle ― vacated Morrison’s conviction and remanded the case back to Jackson County Circuit Court for a new trial. All three judges are appointees of Republican former Gov. Rick Snyder.
“Given that the trial court specifically instructed the jury to consider kidnapping as a violent felony and that the jury heard considerable testimony about the plot to kidnap Gov. Whitmer, the likelihood that defendant was actually convicted, at least in part, on an invalid basis tainted the jury’s verdict,” according to the unanimous decision.
Michael Faraone, an appellate attorney for Morrison, said he was happy with the decisions and added, “It’s always a great day when a court delivers justice.”
“In over 30 years of practicing law, I have never reviewed a trial more violative of due process than this one,” Faraone said.
Hellbound and Down 