party asserts a facial challenge (Michigan) · Go Syfert
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party asserts a facial challenge in Michigan

5 Michigan opinions name it 1 courts 2012–2024 3 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

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 (7)

CaseCitedYears
People v. Dillon green
michctapp · 2012
2 sentences

2024“When a party asserts a facial challenge to the constitutionality of a statute, the party must demonstrate that no circumstances exist under which the statute would be valid.” People v Dillon, 296 Mich App 506, 510 ; 822 NW2d 611 (2012).

2024“When a party asserts a facial challenge to the constitutionality of a statute, the party must demonstrate that no circumstances exist under which the statute would be valid.” People v Dillon, 296 Mich App 506, 510 ; 822 NW2d 611 (2012).

32023–2024
People v. Sands green
michctapp · 2004
2 sentences

2016Id. at 160–161. -7- “The fact that a statute may appear undesirable, unfair, unjust, or inhumane does not of itself render a statute unconstitutional and empower a court to override the Legislature.

2012Id. at 160-161 .

22012–2016
People v. Cole green
mich · 2012
2 sentences

2024CRUEL OR UNUSUAL PUNISHMENT This Court has concluded that the Legislature “ ‘intended mandatory [LEM] to be an additional punishment and part of the sentence itself when required by the CSC-I or CSC-II statutes.’ ” People v Hallak, 310 Mich App 555, 571 ; 873 NW2d 811 (2015), overruled on other grounds 499 Mich 879 (2016), quoting People v Cole, 491 Mich 325, 335-336 ; 817 NW2d 497 (2012).

2024CRUEL OR UNUSUAL PUNISHMENT This Court has concluded that the Legislature “ ‘intended mandatory [LEM] to be an additional punishment and part of the sentence itself when required by the CSC-I or CSC-II statutes.’ ” People v Hallak, 310 Mich App 555, 571 ; 873 NW2d 811 (2015), overruled on other grounds 499 Mich 879 (2016), quoting People v Cole, 491 Mich 325, 335-336 ; 817 NW2d 497 (2012).

12024–2024
People v. Robinson green
mich · 2016
1 sentence

2024CRUEL OR UNUSUAL PUNISHMENT This Court has concluded that the Legislature “ ‘intended mandatory [LEM] to be an additional punishment and part of the sentence itself when required by the CSC-I or CSC-II statutes.’ ” People v Hallak, 310 Mich App 555, 571 ; 873 NW2d 811 (2015), overruled on other grounds 499 Mich 879 (2016), quoting People v Cole, 491 Mich 325, 335-336 ; 817 NW2d 497 (2012).

12024–2024
People v. Konopka (On Remand) green
michctapp · 2015
2 sentences

2024To preserve a challenge to court costs, the defendant must “object when the trial court ordered [the defendant] to pay costs and attorney fees.” People v Konopka (On Remand), 309 Mich App 345, 356 ; 869 NW2d 651 (2015).

2024To preserve a challenge to court costs, the defendant must “object when the trial court ordered [the defendant] to pay costs and attorney fees.” People v Konopka (On Remand), 309 Mich App 345, 356 ; 869 NW2d 651 (2015).

12024–2024
People v. Hallak green
michctapp · 2015
2 sentences

2024CRUEL OR UNUSUAL PUNISHMENT This Court has concluded that the Legislature “ ‘intended mandatory [LEM] to be an additional punishment and part of the sentence itself when required by the CSC-I or CSC-II statutes.’ ” People v Hallak, 310 Mich App 555, 571 ; 873 NW2d 811 (2015), overruled on other grounds 499 Mich 879 (2016), quoting People v Cole, 491 Mich 325, 335-336 ; 817 NW2d 497 (2012).

2024CRUEL OR UNUSUAL PUNISHMENT This Court has concluded that the Legislature “ ‘intended mandatory [LEM] to be an additional punishment and part of the sentence itself when required by the CSC-I or CSC-II statutes.’ ” People v Hallak, 310 Mich App 555, 571 ; 873 NW2d 811 (2015), overruled on other grounds 499 Mich 879 (2016), quoting People v Cole, 491 Mich 325, 335-336 ; 817 NW2d 497 (2012).

12024–2024
People v. Bullock green
mich · 1992
2 sentences

2023To determine whether a punishment is cruel or unusual, courts assess whether it is “unjustifiably disproportionate” to the offense committed by considering four factors: (1) the harshness of the penalty compared to the gravity of the offense, (2) the penalty imposed for the offense compared to penalties imposed for other offenses in Michigan, (3) the penalty imposed for the offense in Michigan compared to the penalty imposed for the same offense in other states, and (4) whether the penalty imposed advances the goal of rehabilitation. [People v Lymon, 342 Mich App 46 , 82; 993 NW2d 24 (2022), l

2023To determine whether a punishment is cruel or unusual, courts assess whether it is “unjustifiably disproportionate” to the offense committed by considering four factors: (1) the harshness of the penalty compared to the gravity of the offense, (2) the penalty imposed for the offense compared to penalties imposed for other offenses in Michigan, (3) the penalty imposed for the offense in Michigan compared to the penalty imposed for the same offense in other states, and (4) whether the penalty imposed advances the goal of rehabilitation. [People v Lymon, 342 Mich App 46 , 82; 993 NW2d 24 (2022), l

12023–2023

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 28.721 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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