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No. 122183
| People
of the State of Michigan, |
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Jeffrey Caminsky (313) 224-5846 |
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Plaintiff-Appellant,
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| vs (Appeal
from Ct of Appeals) |
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(Wayne
-- Jackson, T.)
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| Timothy P. Zubke, |
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Carolyn A. Blanchard (248) 305-9383 |
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Defendant-Appellee.
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Plaintiff-Appellant's
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Defendant-Appellee's
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Background
Defendant Timothy Zubke was under federal investigation for drug
offenses and drug conspiracy; the conspiracy began in 1993 and continued
until Zubke was indicted in August 2000. In July 2000, state officers,
acting on a search warrant, seized 277 grams of cocaine from Zubke's
bedroom. On July 8, 2000, Zubke was charged in state court with possession
with intent to deliver 225-649 grams. The court record indicates that
the state investigation may have been prompted by the federal indictment.
In January 2001, Zubke pled guilty to one of the federal conspiracy
charges. He then moved to dismiss the state charges, citing the controlled
substances article of the Michigan's Public Health Code. The statute
provides that "If a violation of this article is a violation of
federal law or the law of another state, a conviction or acquittal under
federal law or the law of another state for the same act is a bar to
prosecution in this state." Zubke argued that his federal conviction
was for the "same act" as the state charges. Wayne County
Circuit Judge Thomas E. Jackson dismissed the state charges. In an unpublished
per curiam opinion, the Court of Appeals affirmed Judge Jackson's ruling.
The prosecution appeals, arguing in part that the state statute does
not bar the prosecution of underlying substantive criminal charges when
a defendant pleads guilty to a federal conspiracy charge.
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