PEOPLE v. TYSON

Docket No. 73774, (Calendar No. 25).

423 Mich. 357 (1985)

377 N.W.2d 738

PEOPLE v. TYSON

Supreme Court of Michigan.

Decided November 18, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Deputy Chief, Civil and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Kim Robert Fawcett and Susan M. Meinberg) for the defendant.


BRICKLEY, J.

We granted leave to appeal in this case to decide whether the state or federal prohibition against double jeopardy should have barred defendant's retrial on armed robbery and felony-firearm charges following a mistrial granted at his request, and whether the prosecutor's closing argument was so prejudicial to defendant that his conviction on those charges must be reversed. We answer no to the first question and yes to the second, and therefore reverse...

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