overt act requirement (Michigan) · Go Syfert
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overt act requirement in Michigan

5 Michigan opinions name it 2 courts 1981–2003 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.

Followed or applied (2)

CaseFollowedCited
People v. Massgreen
mich · 2001 · cited in 1 Michigan opinions naming this issue, 2003–2003
2 sentences

2003See [People v Mass, 464 Mich 615, 650 ; 628 NW2d 540 (2001)] (Markman, J., concurring).” Unpublished opinion per curiam, issued July 30, 2002 (Docket No. 234130) at 4.

2003See [People v Mass, 464 Mich 615, 650 ; 628 NW2d 540 (2001)] (Markman, J., concurring).” Unpublished opinion per curiam, issued July 30, 2002 (Docket No. 234130) at 4.

11
People v. Stephensgreen
michctapp · 1978 · cited in 1 Michigan opinions naming this issue, 1981–1981
2 sentences

1981The dissent in Stephens clearly rejects the idea of such a defense, People v Stephens, supra, 255 (Beasley, P.J., dissenting).

1981Perkins, Criminal Law (2d ed), ch 6, § 3, pp 552-557. [3] For a more detailed discussion of the overt act requirement, see People v Bowen, supra , Hall, General Principles of Criminal Law (2d ed), pp 576-586, Model Penal Code (Tentative Draft No 10, 1960), § 5.01(1)(c), pp 39-48. [4] The dissent in Stephens clearly rejects the idea of such a defense, People v Stephens, supra, 255 (BEASLEY, P.J., dissenting).

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
United States v. Britton green
· 1883
2 sentences

2001“The provision of the statute, that there must be an act done to effect the object of the conspiracy, merely affords a locus poenitentice, so that before the act [is] done either one or all of the parties may abandon their design, and thus avoid the penalty prescribed by the statute.” United States v Britton, 108 US 199, 204-205 ; 2 S Ct 531 ; 27 L Ed 698 (1883).

2001“The provision of the statute, that there must be an act done to effect the object of the conspiracy, merely affords a locus poenitentice, so that before the act [is] done either one or all of the parties may abandon their design, and thus avoid the penalty prescribed by the statute.” United States v Britton, 108 US 199, 204-205 ; 2 S Ct 531 ; 27 L Ed 698 (1883).

12001–2001
Mayor and Aldermen of the City of Savannah v. Martin green
scotus · 1882
2 sentences

2001"The provision of the statute, that there must be an act done to effect the object of the conspiracy, merely affords a locus poenitentice, so that before the act [is] done either one or all of the parties may abandon their design, and thus avoid the penalty prescribed by the statute." United States v. Britton, 108 U.S. 199, 204-05 , 2 S.Ct. 531 , 27 L.Ed. 698 (1883).

2001“The provision of the statute, that there must be an act done to effect the object of the conspiracy, merely affords a locus poenitentice, so that before the act [is] done either one or all of the parties may abandon their design, and thus avoid the penalty prescribed by the statute.” United States v Britton, 108 US 199, 204-205 ; 2 S Ct 531 ; 27 L Ed 698 (1883).

12001–2001
People v. Bowen green
michctapp · 1968
2 sentences

1986People v Bowen, 10 Mich App 1, 12 ; 158 NW2d 794 (1968).

1986People v Bowen, 10 Mich App 1, 12 ; 158 NW2d 794 (1968).

11986–1986
People v. Shafou green
mich · 1982
1 sentence

1985With respect to an overt act requirement, the Court in Shafou, supra, considered that issue, but a majority of justices were unable to agree on whether or not such a requirement ex *143 ists.

11985–1985
People v. Plyler neutral
michctapp · 1981
1 sentence

1985This Court was also faced with the issue in Plyler, supra, pp 445-446 , but did not decide if an overt act was required as it found that, in any event, there had been an overt act in that case.

11985–1985

Where else courts name it

CA 40 (1983–2026) WA 27 (1969–2025) IA 10 (2014–2026) PA 8 (1985–2026) KS 8 (1989–2019) NY 5 (1983–2003) MI 5 (1981–2003) MA 5 (2001–2023) ND 5 (1982–2021) MN 4 (1995–2024) FL 4 (1993–2016) MS 4 (1999–2021) MT 3 (1996–2021) CO 3 (1985–2017) NE 3 (1988–2022) AZ 3 (1975–1995) VA 3 (2019–2025) OK 3 (1989–2010) LA 3 (1978–2000) VT 2 (1997–1997) WV 2 (1982–1993) DE 2 (2011–2011) GA 2 (2019–2019) IN 2 (1994–1998) ID 2 (1981–2006)

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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