abuse defense (Michigan) · Go Syfert
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abuse defense in Michigan

5 Michigan opinions name it 2 courts 1941–2006 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 (3)

CaseFollowedCited
McCracken v. Evening News Ass'ngreen
michctapp · 1966 · cited in 1 Michigan opinions naming this issue, 1990–1990
1 sentence

1990In McCracken , p 39, this Court distinguished Lawrence v Fox, 357 Mich 134 ; 97 NW2d 719 (1959), as "a case not involving the specific statutory privilege herein afforded publishers over the report of public and official proceedings, but dealing with the common-law privilege afforded publishers in other instances of alleged libel.” *482 This case, like McCracken and unlike Lawrence , involves the specific statutory privilege afforded to publishers over the report of public and official proceedings.

11
Green v. Bloodsworthgreen
delsuperct · 1985 · cited in 1 Michigan opinions naming this issue, 1989–1989
2 sentences

1989Doe has been adopted, after extensive analysis of nearly all the cases from around the country on point, in State ex rel Stufflebam v Appelquist, 694 SW2d 882, 886-888 (Mo App, 1985), and in Green v Bloodsworth, 501 A2d 1257, 1258-1259 (Del Super, 1985).

1989Doe has been adopted, after extensive analysis of nearly all the cases from around the country on point, in State ex rel Stufflebam v Appelquist, 694 SW2d 882, 886-888 (Mo App, 1985), and in Green v Bloodsworth, 501 A2d 1257, 1258-1259 (Del Super, 1985).

11
State Ex Rel. Stufflebam v. Appelquistgreen
moctapp · 1985 · cited in 1 Michigan opinions naming this issue, 1989–1989
2 sentences

1989Doe has been adopted, after extensive analysis of nearly all the cases from around the country on point, in State ex rel Stufflebam v Appelquist, 694 SW2d 882, 886-888 (Mo App, 1985), and in Green v Bloodsworth, 501 A2d 1257, 1258-1259 (Del Super, 1985).

1989Doe has been adopted, after extensive analysis of nearly all the cases from around the country on point, in State ex rel Stufflebam v Appelquist, 694 SW2d 882, 886-888 (Mo App, 1985), and in Green v Bloodsworth, 501 A2d 1257, 1258-1259 (Del Super, 1985).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Lawrence v. Foxgreen
mich · 1959 · cited in 1 Michigan opinions naming this issue, 1990–1990
2 sentences

1990In McCracken , p 39, this Court distinguished Lawrence v Fox, 357 Mich 134 ; 97 NW2d 719 (1959), as "a case not involving the specific statutory privilege herein afforded publishers over the report of public and official proceedings, but dealing with the common-law privilege afforded publishers in other instances of alleged libel.” *482 This case, like McCracken and unlike Lawrence , involves the specific statutory privilege afforded to publishers over the report of public and official proceedings.

1990In McCracken , p 39, this Court distinguished Lawrence v Fox, 357 Mich 134 ; 97 NW2d 719 (1959), as "a case not involving the specific statutory privilege herein afforded publishers over the report of public and official proceedings, but dealing with the common-law privilege afforded publishers in other instances of alleged libel.” *482 This case, like McCracken and unlike Lawrence , involves the specific statutory privilege afforded to publishers over the report of public and official proceedings.

11

Also cited on this issue (7)

CaseCitedYears
Morrison v. Snow neutral
utah · 1903
1 sentence

2006An attorney of more than twenty years' standing at the bar must be presumed to know the difference between respectful, fair and candid criticism, and scandalous abuse of the courts which gave him the high privilege, not as a matter of right, to be a priest at the altar of justice. [ In re Thatcher, 80 Ohio St. 492 , 669, 89 N.E. 39 (1909).] It is for all these reasons that we conclude that Mr. Fieger's vulgar and crude attacks on three members of our Court of Appeals were not constitutionally protected and that he is subject to professional discipline for having made them.

12006–2006
People v. Merritt green
mich · 1976
2 sentences

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

11993–1993
Williams v. Florida green
scotus · 1970
2 sentences

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

11993–1993
Wardius v. Oregon green
scotus · 1973
2 sentences

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

1993The prevention of surprise alibi defense witnesses serves the " 'ends of justice’ ” by granting both parties " 'the maximum possible amount of information with which to prepare their cases,” People v Merritt, 396 Mich 67, 77 ; 238 NW2d 31 (1976), quoting Wardius v Oregon, 412 US 470, 473 ; 93 S Ct 2208 ; 37 L Ed 2d 82 (1973), and prevents the abuse of the defense by the easy manufacture of " 'an eleventh-hour defense.’ ” Id., quoting Williams v Flordia, 399 US 78, 81 ; 90 S Ct 1893 ; 26 L Ed 2d 446 (1970). 2 Concomitantly, the statute is also designed to prohibit the introduction of surprise p

11993–1993
Fisher v. Smith neutral
mich · 1932
1 sentence

1941(Also, see Fisher v. Smith, 259 Mich. 279 , and Nestle v. Fleming, 262 Mich. 417 .) The discovery practice has been used to advantage in Ontario and in many jurisdictions in this country, and its benefits are manifold, while many of the evils which it was feared would result from its use have failed to materialize.

11941–1941
Vincent v. Van Blooys green
mich · 1933
1 sentence

1941“In Vincent v. Van Blooys, 263 Mich. 312 , this court pointed out the purpose and advantages of the discovery procedure, indicating that if evils should develop from an abuse of the rule, a remedy would be found.

11941–1941
Nestle v. Fleming green
mich · 1933
1 sentence

1941(Also, see Fisher v. Smith, 259 Mich. 279 , and Nestle v. Fleming, 262 Mich. 417 .) The discovery practice has been used to advantage in Ontario and in many jurisdictions in this country, and its benefits are manifold, while many of the evils which it was feared would result from its use have failed to materialize.

11941–1941

Where else courts name it

TX 53 (1917–2025) PA 44 (1907–2024) LA 37 (1962–2024) NC 34 (1877–2004) MD 32 (1902–2025) IL 30 (1894–2020) NY 21 (1881–2013) MA 15 (1917–2026) WA 13 (1891–2014) FL 12 (1884–2026) MS 10 (1931–2022) CA 10 (1943–2023) NJ 10 (1957–2001) AL 9 (1941–2015) AZ 9 (1953–2018) MO 8 (1909–2020) TN 7 (2000–2024) IN 7 (1946–2017) SC 6 (1925–2016) SD 6 (1987–2015) ME 6 (1974–2021) NE 6 (1894–1985) VA 6 (1952–2000) IA 6 (1928–2023) ND 5 (1918–2025) MI 5 (1941–2006) WV 5 (1892–2013) WI 5 (1898–2020) ID 4 (1911–1990) UT 4 (1916–2017) OH 4 (1909–2019) OK 4 (1942–2009) OR 4 (1910–2010) HI 3 (2004–2026) GA 3 (1912–2023) WY 3 (1915–1945) KY 2 (1926–1928) DC 2 (1984–2025) AK 2 (1961–2006) MN 2 (1916–1968) NM 2 (1983–2011)

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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