Opinion
No. 120489.
November 20, 2002.
COA: 225887, Oakland CC: 99-167397-FH
On order of the Court, the application for leave to appeal from the November 9, 2001 decision of the Court of Appeals is considered, and it is GRANTED, limited to the issue whether the defendant's constitutional right not to be twice put in jeopardy was violated by the filing of the charges in Oakland County. The parties shall include among the issues to be briefed whether People v White, 390 Mich. 245 (1973), sets forth the proper test to determine when a prosecution for the "same offense" is barred on double jeopardy grounds under Mich. Const 1963, Art I, § 15, and whether our constitution provides greater protection than does US Const Amend V. See United States v Dixon, 509 U.S. 688; 113 S.Ct. 2849; 125 L.Ed.2d 556, 568 (1993).
Persons or groups interested in the determination of this issue are invited to move the Court for permission to file briefs amicus curiae.