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Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder
Loaded on Sept. 1, 2026
by David Kim
published in Criminal Legal News
October, 2026, page 48
Filed under:
Life without Parole (LWOP),
Sixth Amendment,
Constitution, state,
Cause and Prejudice,
Elements of Offense.
Location:
Michigan.
by David Kim
The Supreme Court of Michigan held that mandatory life imprisonment without the possibility of parole (“LWOP”) for a pre-People v. Aaron, 299 N.W.2d 304 (Mich. 1980), felony-murder conviction violates Michigan Constitution, art 1, § 16 when the defendant shows the jury lacked an Aaron-compliant malice …
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More from this issue:
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, by Richard Resch
- Federal Habeas Quick Reference Guide for State Prisoners
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, by David Kim
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, by David M. Reutter
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, by David Kim
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, by Douglas Ankney
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, by David Kim
- Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, by David M. Reutter
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, by David Kim
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, by Douglas Ankney
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, by David Kim
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, by David Kim
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, by Douglas Ankney
- NEWS IN BRIEF
More from David Kim:
- Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026
- Tenth Circuit Announces Valid Checks Alone Insufficient for § 1344(2) Bank Fraud, Holding Alleged Failure to Disclose Plausible Defense Warrants § 2255 Hearing, Oct. 1, 2026
- Eleventh Circuit Announces Concealed Firearm Possession Alone Insufficient for Reasonable Suspicion Under Florida’s Amended Concealed-Carry Law, Oct. 1, 2026
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, Sept. 1, 2026
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, Sept. 1, 2026
- Buried in Plain Sight: How Digital Discovery Turns Disclosure Itself Into Concealment, Aug. 15, 2026
More from these topics:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026. Food, Life without Parole (LWOP), Age, Reduction of Prison Population.
- Ninth Circuit Holds Martinez May Excuse Nevada’s Timeliness and Successive-Petition Bars for Trial Ineffective Assistance Claims, Oct. 1, 2026. Ineffective Assistance of Counsel, Cause and Prejudice, Counsel - Right to, Statutes of Limitation and Laches.
- Pennsylvania Supreme Court Ends Mandatory Life Without Parole Sentence for Felony Murder, Sept. 1, 2026. Life without Parole (LWOP), Constitution, state, Constitutional Challenges/Law, Murder/Felony Murder, Mandatory Minimum Sentence.
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, Sept. 1, 2026. Constitution, state, After Request for Counsel, Police Interrogations, Custodial Interrogations, Invocation of Rights.
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, Sept. 1, 2026. Forensic Sciences, Constitution, state, Evidence - Integrity/Reliability of, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, Sept. 1, 2026. Constitution, state, Pretrial Detention and Detainees, Pending Appeal/Sentencing.
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026. Constitution, state, Appealable Issues/Orders, Abuse of Discretion Standard, Sentences - Adjustments and Departures, Authority and Jurisdiction.
- Colorado Ordered to Stop Tossing Prisoners in Solitary for Refusing to Work, July 1, 2026. Prison Labor, Injunctions, Good Time, Constitution, state, Administrative Detention/Segregation.
- South Carolina Supreme Court Announces Formal Adoption of Fourth Circuit’s Three-Step Cheek Framework for Evaluating Improper Third-Party Contacts With Jurors Under Remmer, Reverses Murdaugh Murder Convictions, and Overrules Ethier Regarding Juror Testim, July 1, 2026. Sixth Amendment, New Trial/Judgment of Acquittal, Impartial Jury, Jury Deliberations, Juror Misconduct Issues.
