People v. Szalma

In this case, the trial judge’s determination that the prosecutor failed to present sufficient evidence to convict defendant was based on an erroneous legal analysis. The question this case poses is whether that erroneous legal analysis precludes defendant’s retrial under the double jeopardy clauses of the United States *710and Michigan constitutions.1 This Court’s decision in People v Nix holds that such legal error precludes retrial.2 Our adversarial system of justice precludes the prosecution from harboring error at the trial level and subsequently seeking relief on the basis of that error.…