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Michigan Court of Appeals Vacates Morrison Terrorism Conviction in Whitmer Kidnap Case

Judges ruled Michigan’s kidnapping law lacks the physical‑force element the state terrorism statute requires, a finding that prompted the court to remand the case and drew an immediate promise of appeal from prosecutors.

Overview

  • A unanimous three‑judge panel of the Michigan Court of Appeals on Tuesday overturned Joseph Morrison’s 2022 convictions for providing material support for terrorism, gang membership, and a felony firearm offense and sent the case back to the trial court for further proceedings.
  • The court based its decision on a statutory reading that a 2006 change to Michigan’s kidnapping statute removed an explicit physical‑force element so kidnapping alone does not meet the terrorism law’s requirement for a ‘violent felony,’ and it also found the trial jury instructions and verdict form could have allowed conviction on an invalid theory.
  • Because the terrorism count was the legal foundation for Morrison’s related gang and firearms convictions, the appeals court vacated those convictions too, while saying prosecutors may retry him under different legal theories without violating double‑jeopardy rules.
  • Federal convictions tied to the 2020 Wolverine Watchmen probe remain intact — leaders Adam Fox and Barry Croft Jr. drew 16‑year federal sentences — and the case record shows extensive FBI infiltration and informant involvement in the original investigation.
  • Michigan Attorney General Dana Nessel sharply condemned the ruling and vowed to appeal, and legal analysts say the decision could affect co‑defendants’ appeals and shape how Michigan prosecutors pursue state terrorism charges in future cases.