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PEOPLE v. KEVORKIAN NO 1

Docket No. 154740.

205 Mich. App. 180 (1994)

517 N.W.2d 293

PEOPLE v. KEVORKIAN NO 1

Michigan Court of Appeals.

Decided May 10, 1994, at 9:00 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, and Michael J. Modelski, Chief, Appellate Division, for the people.

Fieger, Fieger & Schwartz, P.C. (by Pamela A. Hamway, Geoffrey N. Fieger, and Michael A. Schwartz), for the defendant.

Amici Curiae:

Cecilia A. Rauth, for the International Anti-Euthanasia Task Force; Ethics and Advocacy Task Force of the Nursing Home Action Group; Hugh Gregory Gallagher, M.A.; Carol Gill, Ph.D.; and Paul Longmore, Ph.D., in support of appellant.

Daniel C. Devine, Jr., for Hemlock of Michigan, in support of appellee.

Before: FITZGERALD, P.J., and TAYLOR and D.E. SHELTON, JJ.

FITZGERALD, P.J.

The prosecution appeals as of right a July 21, 1992, order of Oakland Circuit Judge David F. Breck granting defendant's motion to dismiss two counts of open murder on the ground that physician-assisted suicide is not a crime in Michigan.1

I

On October 23, 1991, Marjorie Wantz and Sherry Miller were reported dead by defendant. Their bodies were found in a cabin at the Bald Mountain Recreation Area. At the...

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