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PEOPLE v. BENNETT

No. 350649.

966 N.W.2d 768 (2021)

335 Mich. App. 409

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Leroy BENNETT, also known as David Lenory Bennett, Defendant-Appellant, and Michigan Protection and Advocacy Service Inc., Amicus Curiae.

Court of Appeals of Michigan.

Decided January 21, 2021, 9:05 a.m.

Attorney(s) appearing for the Case

Dana Nessel, Attorney General, Fadwa A. Hammond, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Jason W. Williams, Chief of Research, Training, and Appeals, and Jon P. Wojtala, Assistant Prosecuting Attorney, for the people.

Bush Seyferth PLLC (by Susan M. McKeever, Derek J. Linkous, Andrea S. Carone, and Grant A. Newman) for defendant.

John Schwend for Michigan Protection and Advocacy Service, Inc., Amicus Curiae.

Before: Swartzle, P.J., and Beckering and Gleicher, JJ.

David Bennett was 17 years old when he stabbed Vivian Berry to death. The jury rejected his insanity defense and convicted him of first-degree murder, MCL 750.316. The trial judge sentenced Bennett to life imprisonment without parole, as required under Michigan law.

Forty years later, the United States Supreme Court held that...

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