201 Mich. App. 402 - People v. Siebert’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the instant case, the [trial] court’s action in accepting pleas of guilty [to] delivery of between 225 and 650 grams of cocaine, without honoring the conditions placed on the charge reduction by the [government], was violative of [the principle that a trial judge can not, over the prosecutor’s objection, accept a defendant’s plea to a lesser included offense and dismiss the charged greater offense].... [The] defendants in this case have not been tried for the greater offense [i.e., delivery of 650 grams or more], and a plea conviction on a lesser charge before trial ... is not considered an acquittal of the greater charge. [Citations omitted] ... [T]he trial court made no factual determination that one or more elements of the greater offense could not be established. Therefore, the Double Jeopardy Clause does not bar proceedings on the greater charge [when] the [defendant’s] convictions and sentences for the lesser charge [are vacated].”

   1 later decision quote this exact passage
   e.g. Dutton v. State

2. “We reject [the] defendants’ argument that[,] because the plea agreements do not expressly state that the prosecutor has [the] right to withdraw from the agreements and reinstate the original charges in the event the agreement is not honored, the prosecutor has no such right and the Double Jeopardy Clause would be violated by reinstatement of the original charges. In Ricketts v. Adamson, [citation omitted], relied on by [the] defendants, ... [t]he [plea] agreement stated that if the defendant breached the agreement, the original charge would be reinstated. ... While the Supreme Court concluded that the defendant, according to the terms of the agreement, waived any double jeopardy rights, [the Court] did not hold that the Double Jeopardy Clause would have been violated had the agreement not provided for reinstatement of the charges.”

   1 later decision quote this exact passage
   e.g. Dutton v. State

3. “[o]n the prosecutor's motion, the court may vacate a plea if the defendant has failed to comply with the terms of a plea agreement.”

   1 later decision quote this exact passage
   e.g. 321 Mich. App. 80 - People of Michigan v. Virgil Smith