People v. Davis
Michigan Supreme Court
1Opinion of the Court
*158WEAVER, J.
The issue presented is whether our Double Jeopardy Clause1 prohibits the state of Michigan from prosecuting defendant for the theft of an automobile from Michigan after defendant pleaded guilty in Kentucky, where he was apprehended, to a charge of attempted theft of the automobile by unlawful taking. We overrule People v Cooper2 and hold that our Double Jeopardy Clause does not bar defendant’s successive state prosecution in Michigan because the entities seeking to prosecute defendant in this case — Kentucky and Michigan — are separate sovereigns deriving their authority to punish…
2Cases cited21 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Elkins v. United StatesSupreme Court of the United States · 1960
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. WheelerSupreme Court of the United States · 1978
- Bartkus v. IllinoisSupreme Court of the United States · 1959
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3Cited by31 opinions
- People v. BennettMichigan Court of Appeals · 2010
- People v. SmithMichigan Supreme Court · 2007
- Petersen v. Magna Corp.Michigan Supreme Court · 2009
- People v. ConleyMichigan Court of Appeals · 2006
- People v. StarksMichigan Supreme Court · 2005
26 more not listed; retrieve them via the Exa API.