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PEOPLE v. SZALMA

Docket No. 140021.

790 N.W.2d 662 (2010)

487 Mich. 708

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. George Michael SZALMA, Defendant-Appellant.

Supreme Court of Michigan.

Decided August 26, 2010.

Attorney(s) appearing for the Case

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, Eric J. Smith , Prosecuting Attorney, Robert Berlin , Chief Appellate Attorney, and Joshua D. Abbott , Assistant Prosecuting Attorney, for the people.

Maceroni & Maceroni, PLLC (by Patricia A. Maceroni ), for defendant.

Opinion

YOUNG, J.

In this case, the trial judge's determination that the prosecutor failed to present sufficient evidence to convict defendant was based on an erroneous legal analysis. The question this case poses is whether that erroneous legal analysis precludes defendant's retrial under the double jeopardy clauses of the United States and Michigan constitutions.1 This Court's decision in People v. Nix holds that such...

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