People v. Nutt

At issue in this case is the prohibition against successive prosecutions found in Const 1963, art 1, § 15, Michigan’s Double Jeopardy Clause. In particular, we are called upon to determine the meaning of the term “same offense” as used in art 1, § 15. Until 1973, Michigan had defined that term to mean the “same crime” such that, where a defendant had committed a series of crimes with different elements, the defendant could be prosecuted serially for each distinct crime, irrespective of whether the crimes were committed during the course of one crime spree or “transaction.” Thus, our Double…