People v. Symonds, 2025 Mich. LEXIS 9515 (Mich. 2025)

The Supreme Court of Michigan held that the trial court’s analysis of Appellant’s case pursuant to the Miller factors and resentencing to LWOP was improper and remanded the case for reconsideration under the proper framework.

The court stated in relevant part: “Notably, as defendant identifies, the trial court relied on the fact that defendant has failed to acknowledge his conduct for both finding that this fifth Miller factor is neutral and as an aggravating factor. This is not permissible
because all of the Miller factors are mitigating factors, such that if any is not mitigating, at most, it will be considered “neutral.” Taylor, 510 Mich at 139 n 25. The trial court’s treatment of defendant’s failure to fully take responsibility for his actions as being related to the fifth Miller factor and an aggravating factor, therefore, is erroneous.

. . .

The other aspect that the trial court considered as adversely affecting defendant’s ability to be rehabilitated was his violent past. However, there is no apparent nexus between one’s violent past (especially as a child or adolescent) and the ability of that person to later become rehabilitated as an adult. Indeed, Mendel opined that the nature of defendant’s behavior was not relevant for his ability to be rehabilitated.13 Accordingly, the trial court improperly considered defendant’s violent past as indicative of his inability to be rehabilitated.”