Legal Opinion

People v. McCartney

Michigan Court of Appeals

Decided March 5, 1984No. Docket 69321PublishedCited by 3 opinions

1Opinion of the CourtW. R. Peterson, J.

Appellant, charged with embezzlement by a trustee of a sum in excess of one hundred dollars, MCL 750.174; MSA 28.371, appeals by leave granted from the circuit court’s denial of her motion to dismiss. The motion challenged the prosecution as violative of the Double Jeopardy Clauses of the United States* 1 and Michigan 2 Constitutions. The prior jeopardy to which appellant refers was a contempt adjudication in the probate court from which her authority as a fiduciary was derived.

The Probate Court of Lenawee County appointed appellant as conservator of her minor daughter’s estate consisting of…

2Cases cited37 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  5. Bloom v. IllinoisSupreme Court of the United States · 1968

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3Cited by3 opinions

  1. People v. AntkoviakMichigan Court of Appeals · 2000
  2. Williams International Corp. v. SmithMichigan Court of Appeals · 1985
  3. People v. McCartneyMichigan Court of Appeals · 1985

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