Legal Opinion

People v. Miller

Michigan Supreme Court

Decided July 20, 2015No. Docket 149502PublishedCited by 64 opinions

1Opinion of the CourtViviano, J.

At issue before us is whether defendant’s convictions of operating while intoxicated (OWI) 1 and operating while intoxicated causing serious impairment of the body function of another person (OWI-injury) 2 arising from a single intoxicated driving incident violated the double jeopardy clauses of the United States and Michigan Constitutions. 3 Although we agree with the Court of Appeals’ conclusion that convicting defendant of both offenses violated his double jeopardy protections, we disagree with the reasoning employed by the Court of Appeals. In particular, the Court of Appeals erred by not…

2Cases cited17 opinions

  1. Brown v. OhioSupreme Court of the United States · 1977
  2. Missouri v. HunterSupreme Court of the United States · 1983
  3. Albernaz v. United StatesSupreme Court of the United States · 1981
  4. Ball v. United StatesSupreme Court of the United States · 1985
  5. Garrett v. United StatesSupreme Court of the United States · 1985

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3Cited by64 opinions

  1. People of Michigan v. Vicki Renee DickinsonMichigan Court of Appeals · 2017
  2. People v. PinkneyMichigan Supreme Court · 2018
  3. S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. QualityMichigan Supreme Court · 2018
  4. People v. PerryMichigan Court of Appeals · 2016
  5. People of Michigan v. Richard Allen BahamMichigan Court of Appeals · 2017

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