District court’s grant of petition for habeas relief on the ground that the trial court violated the Double Jeopardy Clause by convicting defendant for both the felon in possession statute and the felony firearm statute is reversed as current jurisprudence allows for multiple punishment for the same offense provided the legislature has clearly indicated its intent to so provide and recognizes no exception for necessarily included or overlapping offenses.
Read White v. Howes, No. 08-1458
Appellate Information
Argued: June 19, 2009
Decided and Filed: November 20, 2009
Judges
Opinion by Circuit Judge White
Counsel
For Appellant: Brad H. Beaver, Office of the Michigan Attorney General
For Appellee: C. Mark Pickrell, Waller Lansden Dortch & Davis, LLP
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