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No. 125436
| The People of the State of Michigan |
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Donald A. Kuebler (810) 257-3854 |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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( Genesee - Ransom, R.) |
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| Gevon Ramon Davis, |
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Neil C. Szabo (810) 238-5800 |
Defendant-Appellee. |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Prosecuting Attorneys Association of Michigan, Amicus Curiae Brief>>
Background
Gevon Davis either stole a car or received possession of it after the car was stolen by someone else. Davis then drove the vehicle to Kentucky where he was arrested and charged with a crime relating to the automobile theft. Davis eventually pled guilty to attempted theft by unlawful taking; the Kentucky court imposed a conditional jail sentence of one year. Davis was later charged in Michigan with unlawfully driving away a motor vehicle and with receiving and concealing stolen property over $1,000 and under $20,000, both charges stemming from the same criminal event. The trial court dismissed the Michigan charges, citing People v Cooper , 398 Mich 450 (1976), in which the Supreme Court held that successive prosecutions in different states violate Michigan 's constitutional prohibition against double jeopardy. The Court of Appeals affirmed. The prosecutor now appeals, asking the Supreme Court to overrule Cooper in light of the United States Supreme Court decision in Heath v Alabama , which holds that successive prosecutions in different jurisdictions do not violate the constitutional prohibition against double jeopardy.
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