People v. Snell, 2026 Mich. App. LEXIS 3913 (Mich. Ct. App. 2026)

The 1st District Court of Appeals of Michigan vacated a life without parole sentence following a felony murder conviction, finding that trial counsel was ineffective by failing to raise mitigating evidence on adolescent brain development and childhood trauma and abuse.

The court stated in relevant part:

Appellate counsel obtained a mitigation expert, Mary Cuddehe, to prepare a written report on defendant’s history. Cuddehe discovered ample evidence that defendant suffered physical and emotional abuse, neglect, and other traumatic events throughout his childhood, and that he was diagnosed with bipolar disorder and major depression. Defendant also asserts that Miller hearings usually include expert testimony by a specialist in adolescent brain development who could explain “why the make-up of an adolescent brain makes an 18-year-old who commits murder less culpable than an adult who commits murder.” Corrections experts and psychological experts can also “provide context to criminal histories, prison records, and can opine on the presence of mental health issues.”

The offer of proof demonstrates that counsel could have presented a substantially stronger case for a less severe sentence if she had sought an adjournment of the original Miller hearing and better prepared the mitigation expert. Cuddehe’s written report details numerous adverse childhood experiences and mental health issues that are relevant to the Miller factors and were not presented to the trial court. The court placed significant weight on its conclusion that defendant had an idyllic family and home environment, a finding called into question by the offer of proof. On this record, defendant has established a reasonable probability of a different outcome but for counsel’s deficient performance. We therefore vacate defendant’s sentences and remand to the trial court to conduct a new Miller hearing and for resentencing.