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85 U. Det. Mercy L. Rev. 69 (2007-2008)
Criminal Law - Accomplice Liability - A Defendant Who Intents to Aid, Abet, Counsel, or Procure the Commission of a Crime, Is Liable for That Crime as well as the Natural and Probably Consequences of that Crime - People v. Robinson

handle is hein.journals/udetmr85 and id is 79 raw text is: CRIMINAL LAW - ACCOMPLICE LIABILITY - A DEFENDANT WHO INTENDS TO AID, ABET, COUNSEL, OR PROCURE THE COMMISSION OF A CRIME, IS LIABLE FOR THAT CRIME AS WELL AS THE NATURAL AND PROBABLE CONSEQUENCES OF THAT CRIME. People v. Robinson, 715 N.W.2d 44 (Mich. 2006). INTRODUCTION In People v. Robinson,' the Michigan Supreme Court found the Defendant guilty of second-degree murder under two separate theories of aiding and abetting: first, under the natural and probable consequences theory, the Defendant was guilty because he aided his partner in aggravated assault; and second, under the intended offenses theory, the Defendant was guilty because he intended to inflict great bodily harm upon the victim.2 Under the direction of Samuel Pannell, Kevin Robinson drove himself and Pannell to Bernard Thomas's house with the intent to f*** him up.3 Once at the house, Pannell knocked on the front door.4 When Thomas opened the door, Robinson struck him.5 Thereafter, Robinson and Pannell continued beating Thomas, until Robinson told Pannell that that was enough, and walked back to the car.6 When Robinson reached the car he heard a gunshot rang out.7 Thomas died as a result of the gunshot wound.8 At a bench trial, the trial court found that Robinson committed an aggravated assault on Thomas, and convicted him of second-degree murder, on the prong of great bodily harm only, pursuant to an aiding and abetting theory.9 The court of appeals reversed, finding that there was insufficient evidence to show that Robinson shared or was aware of Pannell's intent to kill.'0 The Michigan Supreme Court granted leave to appeal to determine the elements of accomplice liability and the mens rea required to support a conviction of aiding and abetting second-degree murder. 1. 715 N.W.2d 44 (Mich. 2006). 2. Id. at 44-45. 3. Id. at 46. 4. Id. 5. Id. 6. Id. 7. Id. 8. Id. 9. Id. at 46-47. 10. Id. at 47. 11. Id.

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