PEOPLE V. KEVORKIAN
527 N.W.2d 714, 447 Mich. 436 (1994)
NATURE OF THE CASE: This was a motion to quash an information and dismiss murder charges
for a homicide resulting from assisted suicide. A Michigan court of appeals concluded that
an assisted suicide statute under which Kevorkian (D) was charged was enacted in violation
of Mich. Const. 1963, art. IV, 24. The prosecution appealed. D filed a cross-appeal with
regard to a United States constitutional issue.
FACTS: Kevorkian (D) assisted in the suicide of Sherry Miller and Majorie Wantz before
the Michigan Assisted Suicide law was enacted. Each of the victims was suffering from
conditions that were severely disabling and each separately sought the assistance of D in
ending their lives. D tried to have Miller use a suicide machine but D could not insert the
needle into her arm. D returned several hours later with carbon monoxide gas and a mask
apparatus. Both Miller (with the carbon monoxide device) and Wantz (with the potassium
chloride device) were successful in their use of the suicide equipment. In both instances,
the final acts that caused death were done by the victims but D was responsible for making
that final act possible. D was indicted on two counts of open murder. He was bound over for
trial following a preliminary examination. However, in circuit court, D moved to quash the
information and dismiss the charges, and the court granted the motion. A divided Court of
Appeals reversed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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