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Michigan Supreme Court Lansing, Michigan

Opinion
SUPREME COURT PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v GEORGE MICHAEL SZALMA, Defendant-Appellant.

Chief Justice:

Justices:

Marilyn Kelly

Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway

FILED AUGUST 26, 2010 STATE OF MICHIGAN

No. 140021

BEFORE THE ENTIRE BENCH YOUNG, J. 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 and Michigan constitutions.1 This Court's decision in People v Nix holds that such legal error precludes

1

US Const, Am V; Const 1963, art 1,

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Michigan Law