PEOPLE v. CHILDERS

Docket No. 107636, Calendar No. 12.

587 N.W.2d 17 (1998)

459 Mich. 216

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Gregory Dean CHILDERS, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 28, 1998.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Robert Williams, Chief, Appellate Division, and Thomas R. Grden, Assistant Prosecuting Attorney, Pontiac, MI, for the people.

State Appellate Defender (by Desiree M. Ferguson), Detroit, MI for the defendant-appellee.

Norman W. Donker, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, MI, amicus curiae, for Prosecuting Attorneys Association of Michigan.


WEAVER, J.

This Court is presented with the question whether Michigan's Double Jeopardy Clause, Const 1963, art 1, § 15, precludes the state from trying defendant when he was previously convicted in the federal courts1 on charges arising from the same criminal acts. We hold that the state prosecution was not prohibited, reverse the judgment of the Court of Appeals, and reinstate defendant's convictions.

I

Defendant...

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