PEOPLE v. TIMS

Docket Nos. 98192, 99174, (Calendar Nos. 11-12).

449 Mich. 83 (1995)

534 N.W.2d 675

PEOPLE v. TIMS PEOPLE v. KNEIP

Supreme Court of Michigan.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, and Donald A. Kuebler, Chief, Research, Training and Appeals, for the people in Tims.

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

O'Rourke & Joseph, P.C. (by Jerome F. O'Rourke); Garan, Lucow, Miller, Seward, Cooper & Becker, P.C., of counsel (by Robert D. Goldstein), for defendant Tims.

Richard M. Lustig for defendant Kneip.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for the Genesee County Prosecutor's Office.

P.E. Bennett for the Criminal Defense Attorneys of Michigan.


MALLETT, J.

The defendants in these consolidated cases were convicted of negligent homicide and involuntary manslaughter, respectively, both arising out of the use of automobiles. In separate decisions, the Court of Appeals reversed their convictions, holding that a defendant may be convicted of these offenses only if his culpable conduct is found to be "the" proximate cause of death. We would reverse the decision of the Court of Appeals in Kneip, and would...

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