People v. Sierb

The trial court granted defendant’s motion to dismiss with prejudice charges of burning real and insured property following the second declaration of a mistrial because of jury inability to agree on a verdict. We granted leave to appeal to determine whether the trial court correctly inferred this remedy from the substantive Due Process Clause of the constitution. We hold that the due process guarantees of the Michi*521gan and United States Constitutions, Const 1963, art 1, § 17, and US Const, Am XIV, do not create a right to preclude retrial of this defendant in these circumstances. We reverse…