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Eric Restuccia, with the Michigan Attorney General’s office, asked the court to establish a similar standard during oral arguments last year. “There are some cases of just breathtaking brutality,” Restuccia said. “And the idea that those offenders have an unconstitutional sentence is just — it's an untenable conclusion.” The attorney general’s office did not respond to a request for comment. He was charged under the felony murder rule, which allows prosecutors to secure a first-degree murder conviction against someone who participates in a felony that results in death, even if the person had no plan to kill, didn’t have a weapon, or wasn’t present when the killing occurred.
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