This section contains the nature of the case and procedural background.

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.

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