Legal Opinion

People v. Childers

Michigan Supreme Court

Decided December 28, 1998No. 107636, Calendar No. 12PublishedCited by 10 opinions

1Opinion of the CourtWeaver, J.

This Court is presented with the question whether Michigan’s Double Jeopardy Clause, Const 1963, art 1, § 15, precludes the state from trying defendant when he was previously convicted in the federal courts1 on charges arising from the same criminal acts. We hold that the state prosecution was not prohibited, reverse the judgment of the Court of Appeals, and reinstate defendant’s convictions.

i

Defendant, a gunnery sergeant in the United States Marine Corps, was charged with violations of the Uniform Code of Military Justice on the basis of the sexual molestation of his minor daughter at…

2Cases cited6 opinions

  1. Heath v. AlabamaSupreme Court of the United States · 1985
  2. Grafton v. United StatesSupreme Court of the United States · 1907
  3. People v. CooperMichigan Supreme Court · 1976
  4. People v. HermizMichigan Supreme Court · 1996
  5. People v. GarrisonMichigan Court of Appeals · 1983

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3Cited by10 opinions

  1. People v. MacKleMichigan Court of Appeals · 2000
  2. Lenawee Co. Bd. of Rd. Com'rs v. Auto Prop. & Casualty Ins. Co.Michigan Supreme Court · 2009
  3. People v. WashingtonMichigan Supreme Court · 1999
  4. Childers v. GoldmanDistrict Court, E.D. Michigan · 2000
  5. People v. ChildersMichigan Supreme Court · 1998

5 more not listed; retrieve them via the Exa API.

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