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5 Michigan opinions name it 1 courts 2003–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Michigan. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McKinney
green
2 sentences2017“To merit an instruction on the affirmative defense of duress, a defendant must establish a prima facie case of the elements of duress.” People v McKinney, 258 Mich App 157, 164 ; 670 NW2d 254 (2003). 2017“To merit an instruction on the affirmative defense of duress, a defendant must establish a prima facie case of the elements of duress.” People v McKinney, 258 Mich App 157, 164 ; 670 NW2d 254 (2003). | 4 | 2015–2017 |
People v. Henderson
red
2 sentences2017Duress occurs when: A) The threatening conduct was sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm; B) The conduct in fact caused such fear of death or serious bodily harm in the mind of the defendant; C) The fear or duress was operating upon the mind of the defendant at the time of the alleged act; and D) The defendant committed the act to avoid the threatened harm. [Henderson, 306 Mich App at 4-5 .] “A threat of future injury is not sufficient; rather, the threatening conduct or act of compulsion must be present, imminent, and impending . . . 2017Duress occurs when: A) The threatening conduct was sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm; B) The conduct in fact caused such fear of death or serious bodily harm in the mind of the defendant; C) The fear or duress was operating upon the mind of the defendant at the time of the alleged act; and D) The defendant committed the act to avoid the threatened harm. [Henderson, 306 Mich App at 4-5 .] “A threat of future injury is not sufficient; rather, the threatening conduct or act of compulsion must be present, imminent, and impending . . . | 3 | 2016–2017 |
People v. Lemons
green
2 sentences2016A jury instruction on the affirmative defense of duress is appropriate if the defendant produces sufficient evidence that: “A) The threatening conduct was sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm; B) The conduct in fact caused such fear of death or serious bodily harm in the mind of the defendant; C) The fear or duress was operating upon the mind of the defendant at the time of the alleged act; and D) The defendant committed the act to avoid the threatened harm.” [People v Henderson, 306 Mich App 1, 4-5 ; 854 NW2d 234 (2014), quoting Lemo 2015To establish a prime facie case of duress, the defendant must introduce evidence to allow the jury to conclude the following: A) The threatening conduct was sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm; B) The conduct in fact caused such fear of death or serious bodily harm in the mind of the defendant; C) The fear or duress was operating upon the mind of the defendant at the time of the alleged act; and D) The defendant committed the act to avoid the threatened harm. [People v Lemons, 454 Mich 234, 246-247 ; 562 NW2d 447 (1997).] Where the d | 3 | 2003–2016 |
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.