In 2018, a Michigan appellate court tossed out one of two felony assault-related convictions for a man who stabbed another during a fight, ostensibly because the dual convictions constituted a violation of the U.S. Constitution's Fifth Amendment-protected right against double jeopardy, or being tried twice for the same crime.

The Michigan Supreme Court, however, at the urging of the state's attorney general, just overturned the lower court's decision and reinstated the tossed conviction, according to CBS News.

The state's high court ruled that the two convictions for the same crime did not violate the Constitution since one of the statutes the man was convicted under explicitly authorizes multiple punishments for the same criminal conduct.

Initial conviction appealed and overturned

In 2017, Michigan resident Benjamin McKewen was convicted of two separate crimes after he assaulted another man with a knife -- one count of assault with intent to do great bodily harm as well as a separate count of felonious assault.

He was sentenced to serve two concurrent sentences for the dual convictions, including 5-10 years for the assault with intent charge and 2-4 years for the felonious assault charge.

However, in 2018, the Michigan Court of Appeals vacated the felonious assault conviction based on the argument that it was "mutually exclusive" from the assault with intent charge and therefore constituted unlawful double jeopardy for McKewen.

Five years later, in 2023, the Michigan Supreme Court agreed to hear a further appeal of the matter by Democratic Michigan Attorney General Dana Nessel, who asserted that the two charges were not mutually exclusive and that state law allowed for McKewen to be punished multiple times for different aspects of the same crime.

Overturned conviction reinstated

In a 26-page decision rendered last week, a 5-2 majority of the Michigan Supreme Court agreed with AG Nessel and reinstated the vacated felonious assault conviction against McKewen, who had been found guilty of stabbing another man in the chest with a knife during a dispute at a party.

The majority held, "Defendant’s convictions of both AWIGBH and felonious assault arising out of the same conduct did not violate double-jeopardy protections because the AWIGBH statute authorizes multiple punishments for the same conduct."

Indeed, MCL 750.84(1)(a) maintains that a person is guilty and liable to serve up to 10 years in prison and be fined up to $5,000 if that person "Assaults another person with intent to do great bodily harm, less than the crime of murder."

Notably, MCL 750.84(3) states, "This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section."

As such, the court determined that it was not unconstitutional for McKewen to also be charged with and convicted of MCL 750.82(1), which states that "a person who assaults another person with a ... knife, ... or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony" and can be punished with up to four years in prison and up to $2,000 in fines.

AG Nessel cheers court's decision to reinstate vacated conviction

"This decision reaffirms justice for victims of violent crimes and ensures that those who commit such acts are held fully accountable under the law," AG Nessel said in a statement Friday.

"It makes clear that when someone intentionally assaults another person with a weapon, intending to cause great bodily harm, they will be held responsible for each aspect of their criminal conduct," she added.