164098

Summary

The Michigan Supreme Court held that convicting and sentencing Fredell for both involuntary manslaughter based on gross negligence and reckless driving causing death violated the multiple-punishments strand of double jeopardy. Applying the abstract-legal-elements test, the Court concluded that the offenses share the same mens rea and that involuntary manslaughter lacks an element not found in reckless driving causing death. Because the issue was unpreserved, the Court applied plain-error review and reversed the Court of Appeals for a determination of the appropriate remedy.