Supreme Court rules 2 states can prosecute same crime (Michigan)

[Walt Starr]

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Supreme Court rules 2 states can prosecute same crime
4/8/2005, 12:20 p.m. ET
The Associated Press

LANSING, Mich. (AP) — The state constitution's double jeopardy clause does not bar a man accused of stealing a car from being prosecuted in both Michigan and Kentucky, the Michigan Supreme Court has ruled

The justices, in a 5-2 ruling released Thursday, relied on a 1985 U.S. Supreme Court decision to say the states are sovereign entities that each have the power to punish.

Justice Elizabeth Weaver wrote the opinion and was joined by Chief Justice Clifford Taylor and Justices Stephen Markman, Maura Corrigan and Robert Young Jr.

Genesee County in 2002 charged Gevon Davis with stealing a car — a felony — but the trial court dismissed the case because he had pleaded guilty to a related charge in Kentucky, where Davis drove after taking the car. The Supreme Court agreed with prosecutors and overturned a 1976 case that said such prosecutions are unconstitutional because double jeopardy prevents someone from being charged twice with the same crime.

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http://www.mlive.com/newsflash/michigan/index.ssf?/base/news-24/111297731893940.xml&storylist=newsmichigan

How many peoiple want to bet this gets appealed to the federal level on the full faith and credit clause?

[noonwitch]

1. They should be separate offenses

One in Michigan for the actual theft (UDAA or Grand Theft Auto, depending on the circumstances), and one in Kentucky for driving a stolen vehicle. Isn't that simpler than trying him for the same crime in both states?

Prosecutors are losing their creative touch.

[jayfish]

2. WTF!!!

How does the US Constitution not supersede state constitutions?

Article

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

We are sinking faster and faster.

Jay

EDITED TO CORRECT CONTEXT

[AngryAmish]

4. It is well settled that Feds and a state can prosecute the same crime

For example, you assault a federal officer you can catch a state assault charge and a federal charge.

[saltpoint]

3. This feels to me like a case of digging the pit deeper --

-- and gathering twice the stones to throw.

Nietzsche urged us to "distrust anyone in whom the impulse to punish is too great."

Shame on the Michigan fascists who so roled & a thanks to Walt Starr for keeping us posted.

[Name removed]

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