necessary element claim (Michigan) · Go Syfert
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necessary element claim in Michigan

5 Michigan opinions name it 2 courts 1985–2025 2 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. Armstronggreen
mich · 2011 · cited in 1 Michigan opinions naming this issue, 2025–2025
2 sentences

2025See People v Armstrong, 490 Mich 281, 290 ; 806 NW2d 676 (2011).

2025See People v Armstrong, 490 Mich 281, 290 ; 806 NW2d 676 (2011).

11
Allstate Insurance v. Freemangreen
michctapp · 1987 · cited in 1 Michigan opinions naming this issue, 2025–2025
2 sentences

2025See, e.g., Allstate Ins Co v Freeman, 160 Mich App 349, 357 ; 408 NW2d 153 (1987) (explaining that a claim for negligent entrustment has two elements: (1) “the entrustor [was] negligent in entrusting the instrumentality to the entrustee”; and (2) “the entrustee . . . negligently or recklessly misuse[d] the instrumentality”).

2025See, e.g., Allstate Ins Co v Freeman, 160 Mich App 349, 357 ; 408 NW2d 153 (1987) (explaining that a claim for negligent entrustment has two elements: (1) “the entrustor [was] negligent in entrusting the instrumentality to the entrustee”; and (2) “the entrustee . . . negligently or recklessly misuse[d] the instrumentality”).

11
Griffin v. Breckenridgegreen
scotus · 1971 · cited in 1 Michigan opinions naming this issue, 1985–1985
2 sentences

1985See Griffin v Breckenridge, 403 US 88, 101 ; 91 S Ct 1790 ; 29 L Ed 2d 338 (1971); Fallis v Toastmasters International, Inc, 467 F2d 1389 (CA 5, 1972).

1985See Griffin v Breckenridge, 403 US 88, 101 ; 91 S Ct 1790 ; 29 L Ed 2d 338 (1971); Fallis v Toastmasters International, Inc, 467 F2d 1389 (CA 5, 1972).

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 (3)

CaseCitedYears
People v. Lane green
michctapp · 1980
1 sentence

1991Therefore, for the same reasons expressed in Lane, supra, we conclude that the element of knowledge is a necessary element of a violation of MCL 750.227c; MSA 28.424(3).

11991–1991
People v. Shafou green
mich · 1982
2 sentences

1985We granted leave in these two cases to decide issues left unresolved in People v Shafou, *215 416 Mich 113 ; 330 NW2d 647 (1982), and People v Formicola, 407 Mich 293 ; 284 NW2d 334 (1979): (1) Whether the crime of inciting, inducing, or exhorting another to commit a dangerous felony includes as a necessary element the requirement that the inciting, inducing, or exhorting have occurred under circumstances such that it was likely that same would produce the result incited, induced, or exhorted; (2) Whether the Legislature intended the crime of incitement to commit first-degree murder, MCL 750.1

1985We granted leave in these two cases to decide issues left unresolved in People v Shafou, *215 416 Mich 113 ; 330 NW2d 647 (1982), and People v Formicola, 407 Mich 293 ; 284 NW2d 334 (1979): (1) Whether the crime of inciting, inducing, or exhorting another to commit a dangerous felony includes as a necessary element the requirement that the inciting, inducing, or exhorting have occurred under circumstances such that it was likely that same would produce the result incited, induced, or exhorted; (2) Whether the Legislature intended the crime of incitement to commit first-degree murder, MCL 750.1

11985–1985
People v. Formicola green
mich · 1979
2 sentences

1985We granted leave in these two cases to decide issues left unresolved in People v Shafou, *215 416 Mich 113 ; 330 NW2d 647 (1982), and People v Formicola, 407 Mich 293 ; 284 NW2d 334 (1979): (1) Whether the crime of inciting, inducing, or exhorting another to commit a dangerous felony includes as a necessary element the requirement that the inciting, inducing, or exhorting have occurred under circumstances such that it was likely that same would produce the result incited, induced, or exhorted; (2) Whether the Legislature intended the crime of incitement to commit first-degree murder, MCL 750.1

1985We granted leave in these two cases to decide issues left unresolved in People v Shafou, *215 416 Mich 113 ; 330 NW2d 647 (1982), and People v Formicola, 407 Mich 293 ; 284 NW2d 334 (1979): (1) Whether the crime of inciting, inducing, or exhorting another to commit a dangerous felony includes as a necessary element the requirement that the inciting, inducing, or exhorting have occurred under circumstances such that it was likely that same would produce the result incited, induced, or exhorted; (2) Whether the Legislature intended the crime of incitement to commit first-degree murder, MCL 750.1

11985–1985

Where else courts name it

CA 41 (1935–2026) NY 23 (1972–2025) CT 15 (1978–2024) TX 14 (1960–2024) MO 12 (1956–2024) PA 11 (1946–2023) NC 11 (1955–2022) MA 10 (1983–2024) TN 10 (1983–2014) OK 9 (1933–2015) GA 8 (1989–2023) WA 8 (1980–2025) UT 8 (1932–2019) IL 7 (1870–2011) IA 6 (1896–2015) LA 5 (2007–2021) KY 5 (1986–2020) MI 5 (1985–2025) OR 5 (1984–2008) MN 4 (1953–1998) VT 4 (2005–2018) AL 4 (1952–2005) NM 4 (1981–2023) CO 3 (1962–2026) FL 3 (1987–2014) KS 3 (1956–1989) MT 3 (1984–2016) NJ 3 (1985–2025) WY 2 (2000–2008) WV 2 (1949–2025) ME 2 (2005–2019) NV 2 (1958–2022) IN 2 (1978–2019) OH 2 (2000–2017) DC 2 (1986–1989) AZ 2 (1980–2024)

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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