competence defense (Michigan) · Go Syfert
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competence defense in Michigan

6 Michigan opinions name it 2 courts 1976–2026 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Gipsongreen
michctapp · 2010 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v 11 Gipson, 287 Mich App 261, 265-266 ; 787 NW2d 126 (2010); 5 United States v Montgomery, 621 F3d 568, 574 (CA 6, 2010). 6 Courts can look to the amount of time between ingestion of intoxicating substances and the alleged waiver and whether the suspect was exhibiting erratic behavior at or around the time of the alleged waiver, information known in this case to the officer.

11
United States v. Montgomerygreen
ca6 · 2010 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026See, e.g., People v 11 Gipson, 287 Mich App 261, 265-266 ; 787 NW2d 126 (2010); 5 United States v Montgomery, 621 F3d 568, 574 (CA 6, 2010). 6 Courts can look to the amount of time between ingestion of intoxicating substances and the alleged waiver and whether the suspect was exhibiting erratic behavior at or around the time of the alleged waiver, information known in this case to the officer.

11
People v. Plattgreen
colo · 2004 · cited in 1 Michigan opinions naming this issue, 2026–2026
1 sentence

2026The Colorado Supreme Court has provided a helpful, nonexhaustive shorthand for assessing the impact of intoxication on a defendant’s mental state in the context of a Miranda waiver: In considering the intoxication factor, the competence inquiry we have developed in cases involving mental incompetence or language difficulty is pertinent: whether the defendant seemed oriented to his or her surroundings and situation; whether the defendant’s answers were responsive and appeared to be the product of a rational thought process; whether the defendant was able to appreciate the seriousness of his or

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Payne green
michctapp · 2009
2 sentences

2015People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -2- A. LINE-UP Defendant first contends that the photographic array employed by law enforcement was highly suggestive and that defense counsel was ineffective for failing to demand a fair corporeal lineup or a second photographic identification procedure.

2015People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -2- A. LINE-UP Defendant first contends that the photographic array employed by law enforcement was highly suggestive and that defense counsel was ineffective for failing to demand a fair corporeal lineup or a second photographic identification procedure.

22014–2015
People v. Unger green
michctapp · 2008
1 sentence

2019Unger, 278 Mich App at 242-243 .

12019–2019
People v. Ginther green
mich · 1973
2 sentences

2015People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -2- A. LINE-UP Defendant first contends that the photographic array employed by law enforcement was highly suggestive and that defense counsel was ineffective for failing to demand a fair corporeal lineup or a second photographic identification procedure.

2015People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -2- A. LINE-UP Defendant first contends that the photographic array employed by law enforcement was highly suggestive and that defense counsel was ineffective for failing to demand a fair corporeal lineup or a second photographic identification procedure.

12015–2015
People v. Taylor green
michctapp · 1969
2 sentences

1977In adapting the foundational requirements of People v Taylor, 18 Mich App 381 ; 171 NW2d 219 (1969), to the facts of each case, the primary considerations should be to ensure the accuracy, authenticity, and integrity of the recording itself, and, in appropriate cases, the voluntariness of the testimony recorded. 8 Three other jurors had been informed by family members of the existence of the article, but had scrupulously avoided learning its contents. 9 Since each juror questioned indicated that he or she had no knowledge of the contents of the article, such an instruction was unnecessary in t

1977In adapting the foundational requirements of People v Taylor, 18 Mich App 381 ; 171 NW2d 219 (1969), to the facts of each case, the primary considerations should be to ensure the accuracy, authenticity, and integrity of the recording itself, and, in appropriate cases, the voluntariness of the testimony recorded. 8 Three other jurors had been informed by family members of the existence of the article, but had scrupulously avoided learning its contents. 9 Since each juror questioned indicated that he or she had no knowledge of the contents of the article, such an instruction was unnecessary in t

11977–1977
People v. Bassett green
illappct · 1975
2 sentences

1976In People v Bassett, 25 Ill App 3d 927; 323 NE2d 607 (1975), the court considered the interplay of the Sieling, Wolf, and Malinauskas cases and decided to apply the same competence standard to both trial and plea proceedings.

1976In People v Bassett, 25 Ill App 3d 927; 323 NE2d 607 (1975), the court considered the interplay of the Sieling, Wolf, and Malinauskas cases and decided to apply the same competence standard to both trial and plea proceedings.

11976–1976

Where else courts name it

CA 82 (1980–2025) IL 11 (1978–2020) MI 6 (1976–2026) OH 6 (2001–2016) GA 4 (1989–2019) DC 4 (1974–2016) TX 4 (1979–2022) NY 4 (1989–1994) VT 4 (1993–2025) PA 3 (1986–2008) MA 2 (1971–1993) FL 2 (2002–2006) ME 2 (1983–2017) NC 2 (2020–2025) IA 2 (2013–2019) WI 2 (2000–2015) MS 2 (1994–2024) MO 2 (1984–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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