People v. Johnson, 55577

• Decision Date: 25 June 1974
• Docket Number: No. 55577,55577
• Citation: 392 Mich. 756,219 N.W.2d 55
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alvin JOHNSON, Defendant-Appellant. 392 Mich. 756, 219 N.W.2d 55
• Court: Michigan Supreme Court

Page 55

219 N.W.2d 55

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alvin JOHNSON, Defendant-Appellant.

No. 55577.

392 Mich. 756, 219 N.W.2d 55

Supreme Court of Michigan.

June 25, 1974.

Before the Entire Bench.

ORDER

On order of the Court, the delayed application by defendant and appellant for leave to appeal is considered and the same is hereby granted, limited to the question of whether the grant of a mistrial over defendant's objection barred subsequent prosecution under double jeopardy provisions of the federal and state constitutions. Defendant-appellant shall include in his appendix a transcript of proceedings to support the above-stated allegation of error. Appellant is directed to file with the Wayne Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi), and that Court shall, upon a finding of indigency, appoint the State Appellate Defender for appellate procedure in this Court and shall furnish such portions of the record as counsel may require. The prosecution shall be furnished a copy of said financial affidavit and may challenge appellant's asserted indigency within 20 days of receipt of such affidavit. Such challenge, if brought, shall be resolved at a hearing before the Wayne Circuit Court at which the prosecution, appellant, and the State Appellate Defender shall personally appear to aid the Wayne Circuit Court's inquiry.