People v. Wilson

While I agree with the majority’s conclusion that the subsequent prosecution of defendant Amir Wilson is precluded by double jeopardy, I dissent from the majority holding that the prosecution in Oakland County of Aaron Banks was barred by the double jeopardy provision of the United States and Michigan Constitutions. Ante at 423. The prosecution of defendant Banks was not barred by the Fifth Amendment of the United States Constitution as interpreted by the United States Supreme Court and lower federal courts or by the Michigan Constitution’s Double Jeopardy Clause, governed by this Court’s…