protective rule (Michigan) · Go Syfert
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protective rule in Michigan

5 Michigan opinions name it 2 courts 1981–2025 1 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 of Michigan v. Kemo Knicombi Parksgreen
mich · 2022 · cited in 1 Michigan opinions naming this issue, 2025–2025
2 sentences

2025See People -15- v Parks, 510 Mich 225 , 243; 987 NW2d 161 (2022).

2025See People -15- v Parks, 510 Mich 225 , 243; 987 NW2d 161 (2022).

11
People v. Whitegreen
michctapp · 1985 · cited in 1 Michigan opinions naming this issue, 1994–1994
2 sentences

1994White, supra at 275-277. 21 White, therefore, is scarce support for deviating from Strickland. 22 The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel " 'resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.’ ” 23 Unfortunately, the

1994White, supra at 275-277. [21] White, therefore, is scarce support for deviating from Strickland . [22] The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel "`resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.'" [23] Unfortunately,

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 (4)

CaseCitedYears
Blockburger v. United States green
scotus · 1931
2 sentences

2008Under Federal authority, the Supreme Court established the “required evidence” test enunciated in Blockburger v United States, 284 US 299 ; 52 S Ct 180 ; 76 L Ed 306 (1932).

2008Under Federal authority, the Supreme Court established the “required evidence” test enunciated in Blockburger v United States, 284 US 299 ; 52 S Ct 180 ; 76 L Ed 306 (1932).

31981–2008
People v. Wilder red
mich · 1981
2 sentences

2008We are similarly perplexed by Justice Kelly’s contention that Wilder is consistent with federal authority, post at 257, when Wilder itself stated that “the test concerning multiple punishment under our constitution has developed into a broader protective rule than that employed in the Federal courts.” Wilder, 411 Mich at 348 n 10.

2008We are similarly perplexed by Justice Kelly’s contention that Wilder is consistent with federal authority, post at 4, 5, when Wilder itself stated that “the test concerning multiple punishment under our constitution has developed into a broader protective rule than that employed in the Federal courts.” Wilder, 411 Mich at 348 n 10.

22008–2008
State v. Antone green
haw · 1980
2 sentences

1994White, supra at 275-277. 21 White, therefore, is scarce support for deviating from Strickland. 22 The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel " 'resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.’ ” 23 Unfortunately, the

1994White, supra at 275-277. 21 White, therefore, is scarce support for deviating from Strickland. 22 The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel " 'resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.’ ” 23 Unfortunately, the

11994–1994
State v. Smith green
haw · 1986
2 sentences

1994White, supra at 275-277. 21 White, therefore, is scarce support for deviating from Strickland. 22 The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel " 'resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.’ ” 23 Unfortunately, the

1994White, supra at 275-277. 21 White, therefore, is scarce support for deviating from Strickland. 22 The contention that a more protective standard than Strickland is justified does find some support in State v Smith, 68 Hawaii 304, 309 ; 712 P2d 496 (1986), in which the court ruled that it would adhere to its prior holding in State v Antone, 62 Hawaii 346, 348-349 ; 615 P2d 101 (1980), that ineffective assistance of counsel could be found if the errors of defense counsel " 'resulted in either the withdrawal or substantial impairment of a potentially meritorious defense.’ ” 23 Unfortunately, the

11994–1994

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.520b (4) MI § Mich. Comp. Laws § 750.227b (3) MI § Mich. Comp. Laws § 750.316 (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.

Where else courts name it

CA 27 (1960–2025) NY 20 (1890–2020) NJ 16 (1957–2020) WA 16 (1969–2023) PA 11 (1953–2018) CO 10 (1959–2026) ME 9 (1971–2024) MD 8 (1970–2019) AZ 7 (1968–2026) AL 5 (1977–2010) MA 5 (2006–2018) TX 5 (1993–2023) GA 5 (1997–2024) MI 5 (1981–2025) CT 5 (2006–2025) OR 4 (1981–1998) MN 4 (1985–2005) OK 4 (1935–1999) TN 3 (1978–2016) OH 3 (1985–2019) WY 3 (1987–2018) DC 3 (1988–2011) WV 3 (1978–1980) KS 3 (1978–2019) DE 2 (1977–2019) ID 2 (1991–1997) IL 2 (1974–2021) HI 2 (2013–2013) UT 2 (2018–2018) SD 2 (2018–2018)

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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