Opinion
No. 111895.
March 30, 1999.
By order of June 29, 1998, the application for leave to appeal was held in abeyance pending the decision inPeople v. Childers (Docket No. 107636). On order of the Court, the decision having been issued on December 28, 1998, 459 Mich. 216 (1998), the application is again considered, and we DIRECT the parties to file supplemental briefs within 28 days of this order on the issues: (1) whether plaintiff's guilty plea waived the double jeopardy claim; (2) whether the state conviction followed or preceded the federal conviction for double jeopardy purposes; (3) whether MCL 333.7409; MSA 14.15(7409) is inapplicable because, even if the state conviction was subsequent for double jeopardy purposes, the defendant had already been prosecuted in state court when he was convicted of the same act in federal court.