PEOPLE v. NUTT

Docket No. 120489, Calendar No. 6.

677 N.W.2d 1 (2004)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Melissa Ann NUTT, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 2, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Danielle DeJong, Assistant Prosecuting Attorney, Pontiac, for the people.

Van Norman & Associates, P.C. (by Daniel G. Van Norman), Lapeer, for the defendant.

David Morse, President, Michael E. Duggan, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, Detroit, for amicus curiae the Prosecuting Attorneys Association of Michigan.


Opinion

YOUNG, J.

At issue in this case is the prohibition against successive prosecutions found in Const. 1963, art. 1, § 15, Michigan's Double Jeopardy Clause. In particular, we are called upon to determine the meaning of the term "same offense" as used in art 1, § 15. Until 1973, Michigan had defined that term to mean the "same crime" such that, where a defendant had committed a series of crimes...

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