Legal Opinion

People v. Hermiz

Michigan Supreme Court

Decided June 13, 2000No. Docket Nos. 114586, 114587, Calendar Nos. 10-11PublishedCited by 9 opinions

1Opinion of the CourtTaylor, J.

(for reversal). The question in these consolidated appeals is whether the state of Michigan was barred by MCL 333.7409; MSA 14.15(7409)1 from indicting defendants for conspiracy to possess with intent to deliver more than 650 grams of a mixture containing cocaine2 when they had previously been convicted in federal court in Florida of conspiracy to possess with intent to distribute more than five kilograms of cocaine.3

I would hold that the state prosecution was not barred by MCL 333.7409; MSA 14.15(7409) because conspiracy charges are not a violation of “this article” (article 7 of the Public…

2Cases cited18 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. United Parcel Service, Inc. v. MitchellSupreme Court of the United States · 1981
  3. People v. MoreyMichigan Supreme Court · 1999
  4. Peterman v. Department of Natural ResourcesMichigan Supreme Court · 1994
  5. Dation v. Ford Motor Co.Michigan Supreme Court · 1946

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3Cited by9 opinions

  1. Hawkeye Foodservice Distribution, Inc. v. Iowa Educators CorporationSupreme Court of Iowa · 2012
  2. Kinder Morgan Michigan, LLC v. City of JacksonMichigan Court of Appeals · 2008
  3. Appalachian Railcar Services, Inc. v. Boatright Enterprises, Inc.District Court, W.D. Michigan · 2008
  4. Post & Beam Equities Group, LLC v. Sunne Village Development Property Owners Ass'nSupreme Court of Vermont · 2015
  5. G C Timmis & Co. v. Guardian Alarm Co.Michigan Supreme Court · 2003

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