PEOPLE v. SIERB

Docket No. 107551, Calendar No. 9.

581 N.W.2d 219 (1998)

456 Mich. 519

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James Steven SIERB, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 17, 1998.


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, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the People.

Magill & Szymanski (by Duncan M. Szymanski), for the defendant.


Opinion

BOYLE, Justice.

The trial court granted defendant's motion to dismiss with prejudice charges of burning real and insured property following the second declaration of a mistrial because of jury inability to agree on a verdict. We granted leave to appeal to determine whether the trial court correctly inferred this remedy from the substantive Due Process Clause of the constitution. We hold that the due process guarantees of the Michigan and United States...

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