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PEOPLE v. THOMPSON

Docket No. 73206, (Calendar No. 11).

424 Mich. 118 (1985)

379 N.W.2d 49

PEOPLE v. THOMPSON

Supreme Court of Michigan.

Decided December 23, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Christopher S. Boyd, Prosecuting Attorney, and Kay F. Pearson, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Mardi Crawford) for the defendant.

Amici Curiae:

John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Timothy A. Baughman, Principal Attorney, Research, Training and Appeals, for Wayne County Prosecutor, and Joseph T. Barberi for Prosecuting Attorneys Association of Michigan.

BOYLE, J.

We granted leave in this case to consider the constitutionality of reprosecution when a previous criminal trial results in mistrial because of a jury deadlock. We hold that retrial in these circumstances does not violate either the Double Jeopardy Clause of the Michigan Constitution, Const 1963, art 1, § 15, or the due process guarantees of the Michigan and United States Constitutions, Const 1963, art 1, § 17, and US Const, Am XIV.

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