LANSING, Mich. — The Michigan Court of Appeals has overturned several terrorism-related convictions for one of the men tied to the alleged plot to kidnap Governor Gretchen Whitmer back in 2020.
Joseph Morrison was convicted back in 2022 on state charges of providing material support for terrorist acts, gang membership, and felony firearm.
In December of 2022, Morrison was sentenced to 4-20 years in prison, alongside others with ties to the militia group "Wolverine Watchmen."
On Tuesday, the Court of Appeals overturned all three of his convictions, ruling that "kidnapping" did not meet the definition of a "violent felony," one of the requirements for Michigan's Anti-Terrorism law.
The ruling also notes that the jury's instructions allowed for a conviction based on the understanding that the kidnapping was a violent felony.
"And because the jury instructions given by the trial court allowed for a conviction based on an underlying kidnapping offense, his conviction cannot stand. We agree that the charge of kidnapping cannot properly form the basis for defendant’s conviction," reads the ruling.
The decision from the Court of Appeals comes after Morrison argued that kidnapping is not a "violent felony" according to the legal definition.
Let us walk you through it.
A "violent felony" is, in part, defined as a "felony in which an element is the use, attempted use, or threatened use of physical force against an individual."
In 2006, Michigan state law was changed and removed all references to "force" regarding kidnapping.
According to Michigan law, an "act of terrorism" means a willful and deliberate act that is all of the following:
- An act that would be a violent felony under the laws of this state, whether or not committed in this state.
- An act that the person knows or has reason to know is dangerous to human life.
- An act that is intended to intimidate or coerce a civilian population or influence or affect the conduct of government or a unit of government through intimidation or coercion
The ruling goes on to say, "Because the 'use, attempted use, or threatened use of physical force' is not an element of kidnapping, kidnapping is not a 'violent felony' falling within the definition of an 'act of terrorism.'"
WATCH: Michigan Court of Appeals overturns terrorism-related convictions for man tied to alleged plot to kidnap Gov. Whitmer
In a release, Michigan Attorney General Dana Nessel said, "This ruling is completely and irredeemably nonsensical, outrageous, and irresponsible."
She also says her office will appeal the ruling.
“My office will not allow this to stand. We will not downplay violent terrorism, we will not accept violent threats against our elected leaders, and we will not abide the arbitrary defanging of the criminal statutes that preserve public safety and order in the State of Michigan. To restore sanity, protect our public servants, and uphold the rule of law, we are appealing this preposterous decision," said Nessel.
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