How cited: People v. Mitchell · Go Syfert

People v. Mitchell (2013)

green · 288 citation events across 4 courts. Showing the 35 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2015 → 2026 · click a year to view the case as of then
201520202026
Rule Authority · Mich. Ct. App. · 2 citations in this opinion
To find a defendant guilty, “the evidence must establish that that accused departed from a location while equipped with a qualifying weapon in his possession and, at the time of departing, had the intent to use the weapon unlawfully against another person.” Mitchell, 301 Mich App at 293 (emphasis added).
emphasis added
Rule Authority · Mich. Ct. App. · 2 citations in this opinion
To find a defendant guilty, “the evidence must establish that that accused departed from a location while equipped with a qualifying weapon in his possession and, at the time of departing, had the intent to use the weapon unlawfully against another person.” Mitchell, 301 Mich App at 293 (emphasis added).
emphasis added
Rule Authority · Mich. Ct. App. · 2 citations in this opinion
Whether the provocation was reasonable is a question of fact; but if “no reasonable jury could find that the provocation was adequate, the court may exclude evidence of the provocation.” Id. (citation and quotation marks omitted). [Mitchell, 301 Mich App at 286 (third alteration in original).] In determining whether a voluntary manslaughter instruction is appropriate, a reviewing court may consider the theory of the case advanced by the defendant at trial.
third alteration in original
Rule Authority · Mich. Ct. App.
“Reversal is warranted only if after an examination of the entire cause, it shall affirmatively appear that it is more probable than not that the error was outcome determinative,” meaning that it “undermined the reliability of the jury verdict.” People v Mitchell, 301 Mich App 282, 286, 289 ; 835 NW2d 615 (2013).
green Cannon v. Skipper (2021)
Rule Authority · E.D. Mich.
Mich. 2015)(quoting People v. Mitchell, 301 Mich. App. 282, 292 , 835 N.W.2d 615, 621 (2013)(quoting People v. Harrington, 194 Mich. App. 424, 428 , 487 N.W.2d 479 , 483 (1992))(emphasis omitted).
quoting People v. Harrington, 194 Mich. App. 424, 428 , 487 N.W.2d 479 , 483 (1992)
green Moorer v. Campbell (2021)
Quote Authority · E.D. Mich. · signal: see
See People v. Mitchell, 301 Mich. App. 282, 287 (2013) ("[I]f no reasonable jury could find that provocation was adequate, the court may exclude evidence of provocation.") (internal quotation and citation omitted).
"[I]f no reasonable jury could find that provocation was adequate, the court may exclude evidence of provocation."
Quote Authority · Mich. Ct. App. · signal: see
See id. (“To prove that a defendant committed voluntary manslaughter, one must show that the defendant killed in the heat of passion, the passion was caused by adequate provocation, and there was not a lapse of time during which a reasonable person could control his passions.”).
“To prove that a defendant committed voluntary manslaughter, one must show that the defendant killed in the heat of passion, the passion was caused by adequate provocation, and there was not a lapse of time during which a reasonable person could control his passions.”
Rule Authority · E.D. Mich.
The elements of carrying a weapon with unlawful intent under state law are “(1) carrying a firearm or dangerous weapon, (2) with the intent to unlawfully use the weapon against another person.” People v. Mitchell, 301 Mich.App. 282, 292 , 835 N.W.2d 615, 621 (2013) (quoting People v. Harrington, 194 Mich.App. 424, 428 , 487 N.W.2d 479, 483 (1992)) (emphasis omitted).
quoting People v. Harrington, 194 Mich.App. 424, 428 , 487 N.W.2d 479, 483 (1992)
Cited · Mich. Ct. App. · signal: see · 2 citations in this opinion
See id. “[T]he elements of voluntary manslaughter are included in murder, with murder possessing the single additional element of malice.” People v Reese, 491 Mich 127, 144 ; 815 NW2d 85 (2012) (quotation marks and citation omitted).
Cited · Mich. Ct. App. · signal: see · 2 citations in this opinion
See Mitchell, 301 Mich App at 286-287 .
Cited · Mich. Ct. App. · signal: see · 2 citations in this opinion
See Mitchell, 301 Mich App at 286-287 .
green People v. Ackah-Essien (2015)
Cited · Mich. Ct. App. · signal: see · 2 citations in this opinion
See Mitchell, 301 Mich App at 293 .
Cited · Mich. Ct. App. · signal: see
See Mitchell, 301 Mich App at 286-287 .
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013). -9- “This Court reviews de novo a challenge to the sufficiency of the evidence.” People v Smith, 336 Mich App 297 , 302; 970 NW2d 450 (2021).
green Williams v. Macauley (2024)
Cited · E.D. Mich. · signal: see
See People v. Mitchell, 301 Mich. App. 282, 288 ; 835 N.W.2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013).
Cited (see also) · Mich. Ct. App. · signal: see also
See People v McClendon, 426 Mich 855 ; 393 NW2d 811 (1986) (stating that reversal due to insufficiency of the evidence bars retrial “on double jeopardy grounds”); see also People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See Mitchell, 301 Mich App at 287 .
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 287 ; 835 NW2d 615 (2013) (explaining that, in order for provocation to rise to the level that it negates malice and mitigates second-degree murder to voluntary manslaughter, it must be such that it would cause a reasonable person to lose control).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).
Cited (see also) · Mich. Ct. App. · signal: compare
Compare People v Mitchell, 301 Mich App 282, 286-289 ; 835 NW2d 615 (2013). 4.
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013) (noting that acquittal is the proper remedy when the defendant’s conviction was not supported by sufficient evidence).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 288 ; 835 NW2d 615 (2013), II.
Cited · Mich. Ct. App. · signal: see
See Mitchell, 301 Mich App at 293 n 4 (“Because the statute clearly prohibits only the conduct of a person who ‘goes armed,’ use of the phrase ‘being armed’ impermissibly expands the scope of MCL 750.226.”).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 292-293 ; 835 NW2d 615 (2013).
Cited (see also) · Mich. · signal: see also
See also People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See Mitchell, 301 Mich App at 286 .
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013).
Cited (see also) · Mich. Ct. App. · signal: see also
See also People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).
Cited · Mich. Ct. App. · signal: see
See People v Mitchell, 301 Mich App 282, 294 ; 835 NW2d 615 (2013). -5-
Cited · Mich. Ct. App. · signal: see
See Mitchell, 301 Mich App at 286 .