defendant requests a jury instruction in Michigan

2020“When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction.” People v Riddle, 467 Mich 116, 124 ; 649 NW2d 30 (2002). “[A] requested [jury] instruction on a necessarily included lesser offense is proper if the charged greater offense requires the jury to find a disputed factual element that is not part of the lesser included offense and a rational view of the evidence would support it.” People v Cornell, 466 Mich 335, 357 ; 646 NW2d 127 (2002).

2020“When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction.” People v Riddle, 467 Mich 116, 124 ; 649 NW2d 30 (2002). “[A] requested [jury] instruction on a necessarily included lesser offense is proper if the charged greater offense requires the jury to find a disputed factual element that is not part of the lesser included offense and a rational view of the evidence would support it.” People v Cornell, 466 Mich 335, 357 ; 646 NW2d 127 (2002).

2025When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction. [Thorne, 322 Mich App at 347 - 348 (quotation marks and citations omitted).] But, failure to request an instruction on a lesser included offense can be a matter of trial strategy with which this Court will not interfere.

2024When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction. [People v Thorne, 322 Mich App 340, 347-348 ; 912 NW2d 560 (2017) (quotation marks and citations omitted; alteration in original).] -2- During opening statements, while discussing the elements of domestic violence, the prosecution explained to the jury the distinction between an assault and a battery, and asserted that the evidence would establish that defendant both put the victim in fear of a battery, and actually touched the victim, thereby satisf

2021Rodriguez, 463 Mich at 472-473 .

2006Rodriguez, supra at 472-473 , 620 N.W.2d 13 ; Mills, supra at 81 , 537 N.W.2d 909 .

2017“A defendant asserting an affirmative defense must produce some evidence on all elements of the defense before the trial court is required to instruct the jury regarding the affirmative defense.” People v Guajardo, 300 Mich App 26, 34-35 ; 832 NW2d 409 (2013).

2017“A defendant asserting an affirmative defense must produce some evidence on all elements of the defense before the trial court is required to instruct the jury regarding the affirmative defense.” People v Guajardo, 300 Mich App 26, 34-35 ; 832 NW2d 409 (2013).

2024When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction. [People v Thorne, 322 Mich App 340, 347-348 ; 912 NW2d 560 (2017) (quotation marks and citations omitted; alteration in original).] -2- During opening statements, while discussing the elements of domestic violence, the prosecution explained to the jury the distinction between an assault and a battery, and asserted that the evidence would establish that defendant both put the victim in fear of a battery, and actually touched the victim, thereby satisf

2019“A criminal defendant is entitled to have a properly instructed jury consider the evidence against [him],” People v Thorne, 322 Mich App 340, 347 ; 912 NW2d 560 (2017) (quotation marks and citation omitted), and “[w]hen a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction,” id. at 348 (quotation marks and citation omitted).

2022“Yes, I intentionally shot at her knowing she was there, but I did not intend to kill her.” Before today’s decision, the difference between those two forms of intent in a second-degree did not apply), citing LaFave, § 9.7(b) (quotation marks and citations omitted; emphasis added). 17 “When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction.” People v Riddle, 467 Mich 116, 124 ; 649 NW2d 30 (2002); compare People v Mills, 450 Mich 61, 82 ; 537 NW2d 909 (1995) (concluding that a requested instruction is not

2022“Yes, I intentionally shot at her knowing she was there, but I did not intend to kill her.” Before today’s decision, the difference between those two forms of intent in a second-degree did not apply), citing LaFave, § 9.7(b) (quotation marks and citations omitted; emphasis added). 17 “When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction.” People v Riddle, 467 Mich 116, 124 ; 649 NW2d 30 (2002); compare People v Mills, 450 Mich 61, 82 ; 537 NW2d 909 (1995) (concluding that a requested instruction is not

2018People v Cornell, 466 Mich 335, 357 ; 646 NW2d 127 (2002), overruled in part on other grounds by People v Mendoza, 468 Mich 527 ; 664 NW2d 85 (2003).

2015MCL 768.32(1); People v Cornell, 466 Mich 335, 354-355 ; 646 NW2d 127 (2002), overruled in part on other grounds by People v Mendoza, 468 Mich 527 (2003).

2017Moreover, although a trial court has discretion to exclude alibi evidence as a penalty for a defendant’s failure to file a notice of alibi pursuant to MCL 768.20, People v McMillan, 213 Mich App 134, 140 ; 539 NW2d 553 (1995), our Supreme Court has “unequivocally stated that if requested, an alibi instruction must be given,” even if the supporting evidence was excluded for failure to file an alibi notice or if the alibi defense is supported only by the defendant’s uncorroborated testimony, People v McGinnis, 402 Mich 343, 345 ; 262 NW2d 669 (1978).

2017Moreover, although a trial court has discretion to exclude alibi evidence as a penalty for a defendant’s failure to file a notice of alibi pursuant to MCL 768.20, People v McMillan, 213 Mich App 134, 140 ; 539 NW2d 553 (1995), our Supreme Court has “unequivocally stated that if requested, an alibi instruction must be given,” even if the supporting evidence was excluded for failure to file an alibi notice or if the alibi defense is supported only by the defendant’s uncorroborated testimony, People v McGinnis, 402 Mich 343, 345 ; 262 NW2d 669 (1978).

2017“This Court reviews jury instructions as a whole to determine whether there is error requiring reversal.” Bartlett, 231 Mich App at 143 .

2017“This Court reviews jury instructions as a whole to determine whether there is error requiring reversal.” Bartlett, 231 Mich App at 143 .

2017Moreover, although a trial court has discretion to exclude alibi evidence as a penalty for a defendant’s failure to file a notice of alibi pursuant to MCL 768.20, People v McMillan, 213 Mich App 134, 140 ; 539 NW2d 553 (1995), our Supreme Court has “unequivocally stated that if requested, an alibi instruction must be given,” even if the supporting evidence was excluded for failure to file an alibi notice or if the alibi defense is supported only by the defendant’s uncorroborated testimony, People v McGinnis, 402 Mich 343, 345 ; 262 NW2d 669 (1978).

2017Moreover, although a trial court has discretion to exclude alibi evidence as a penalty for a defendant’s failure to file a notice of alibi pursuant to MCL 768.20, People v McMillan, 213 Mich App 134, 140 ; 539 NW2d 553 (1995), our Supreme Court has “unequivocally stated that if requested, an alibi instruction must be given,” even if the supporting evidence was excluded for failure to file an alibi notice or if the alibi defense is supported only by the defendant’s uncorroborated testimony, People v McGinnis, 402 Mich 343, 345 ; 262 NW2d 669 (1978).

2025“The determination whether a jury instruction is applicable to the facts of the case lies within the sound discretion of the trial court.” People v Ho, 231 Mich App 178, 189 ; 585 NW2d 357 (1998). “[I]f an applicable instruction was not given, the defendant bears the burden of establishing that the trial court’s failure to give the requested instruction resulted in a miscarriage of justice.” Riddle, 467 Mich at 124 .

2025“The determination whether a jury instruction is applicable to the facts of the case lies within the sound discretion of the trial court.” People v Ho, 231 Mich App 178, 189 ; 585 NW2d 357 (1998). “[I]f an applicable instruction was not given, the defendant bears the burden of establishing that the trial court’s failure to give the requested instruction resulted in a miscarriage of justice.” Riddle, 467 Mich at 124 .

2022People v Goree, 296 Mich App 293, 301 ; 819 NW2d 82 (2012).

2022People v Goree, 296 Mich App 293, 301 ; 819 NW2d 82 (2012).

2020An offense is a lesser included offense if “all the elements of the lesser offense have already been alleged by charging the defendant with the greater offense.” People v Brown, 267 Mich App 141, 146 ; 703 NW2d 230 (2005) (citation and quotation marks omitted).

2020An offense is a lesser included offense if “all the elements of the lesser offense have already been alleged by charging the defendant with the greater offense.” People v Brown, 267 Mich App 141, 146 ; 703 NW2d 230 (2005) (citation and quotation marks omitted).

2020“Trial counsel is responsible for preparing, investigating, and presenting all substantial defenses.” People v Chapo, 283 Mich App 360, 371 ; 770 NW2d 68 (2009).

2020“Trial counsel is responsible for preparing, investigating, and presenting all substantial defenses.” People v Chapo, 283 Mich App 360, 371 ; 770 NW2d 68 (2009).

2016People v Silver, 466 Mich 386, 388 ; 646 NW2d 150 (2002).

2016People v Silver, 466 Mich 386, 388 ; 646 NW2d 150 (2002).

2005Here, the trial court relied on People v Hess, 214 Mich App 33 ; 543 NW2d 332 (1995), and People v Morrin, 31 Mich App 301 ; 187 NW2d 434 (1971), in concluding that defendant was not entitled to an instruction on accident because he was criminally negligent.

2005Here, the trial court relied on People v Hess, 214 Mich App 33 ; 543 NW2d 332 (1995), and People v Morrin, 31 Mich App 301 ; 187 NW2d 434 (1971), in concluding that defendant was not entitled to an instruction on accident because he was criminally negligent.

2005Even if the instructions are somewhat imperfect, reversal is not required if the instructions fairly presented the issues to be tried and were sufficient to protect the rights of the defendant. [Fennell, supra at 265 .] “When a defendant requests a jury instruction on a theory or defense that is supported by the evidence, the trial court must give the instruction.” People v Riddle, 467 Mich 116, 124 ; 649 NW2d 30 (2002).

2005Here, the trial court relied on People v Hess, 214 Mich App 33 ; 543 NW2d 332 (1995), and People v Morrin, 31 Mich App 301 ; 187 NW2d 434 (1971), in concluding that defendant was not entitled to an instruction on accident because he was criminally negligent.

2005Here, the trial court relied on People v Hess, 214 Mich App 33 ; 543 NW2d 332 (1995), and People v Morrin, 31 Mich App 301 ; 187 NW2d 434 (1971), in concluding that defendant was not entitled to an instruction on accident because he was criminally negligent.