PEOPLE v. HICKS

Docket Nos. 97552, 98753, (Calendar Nos. 6-7).

447 Mich. 819 (1994)

528 N.W.2d 136

PEOPLE v. HICKS PEOPLE v. BELLEW

Supreme Court of Michigan.

Decided December 30, 1994.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, Karen M. Woodside, Assistant Prosecuting Attorney, for the people.

Henry M. Scharg for defendant Hicks.

Walter Pookrum for defendant Bellew.


GRIFFIN, J.

We are required in each of these consolidated appeals to determine whether the constitutional bar against double jeopardy precludes retrial after a judge has recused herself in the middle of a bench trial and the successor judge has declared a mistrial. Our answer turns on the scope of the manifest-necessity exception to the double jeopardy bar and its application to the particular facts presented. We conclude that the Double Jeopardy Clause allows retrial...

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