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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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