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34 Michigan opinions name it 1 courts 1984–2025 19 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.
| Case | Followed | Cited |
|---|---|---|
People v. Steanhousegreen2 sentences2017See Steanhouse, 313 Mich App at 45-46 (explaining that a trial court should consider factors that were not adequately addressed by the guidelines and that the extent of a departure may violate the principle of proportionality).3 Defendant was sentenced to probation despite a minimum sentencing guidelines range of 30 to 50 months. 2017See Steanhouse, 313 Mich App at 45-46 (explaining that a trial court should consider factors that were not adequately addressed by the guidelines and that the extent of a departure may violate the principle of proportionality).3 Defendant was sentenced to probation despite a minimum sentencing guidelines range of 30 to 50 months. | 2 | 2 |
In re Olive/Metts Minorsgreen2 sentences2025In deciding whether termination of parental rights is in the best interests of a child, the trial court should consider factors such as “the child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” In re Olive/Metts, 297 Mich App at 41-42 (citations omitted). 2025In deciding whether termination of parental rights is in the best interests of a child, the trial court should consider factors such as “the child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” In re Olive/Metts Minors, 297 Mich App 35, 41-42 ; 823 NW2d 144 (2012) (citations omitted). | 1 | 2 |
Murdock v. Higginsgreen2 sentences2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). 2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). | 1 | 1 |
Terry v. Affumgreen2 sentences2019See Terry v Affum, 237 Mich App 522 , 537 n 9; 603 NW2d 788 (1999) (“The court should consider those factors it finds relevant to this situation and should freely exercise its discretion pursuant to factor l . . . .”). 2019See Terry v Affum, 237 Mich App 522 , 537 n 9; 603 NW2d 788 (1999) (“The court should consider those factors it finds relevant to this situation and should freely exercise its discretion pursuant to factor l . . . .”). | 1 | 1 |
Commonwealth v. Caracinogreen1 sentence2019See United States v Myers, 550 F2d 1036, 1043 (CA 5, 1977) (stating that when exercising its trial court discretion to exclude undisclosed evidence the court should consider factors such as the prejudice arising from the failure to disclose, the reason for the nondisclosure, whether the harm was mitigated by subsequent events, and the weight of the properly admitted evidence); Commonwealth v Caracino, 605 NE2d 859, 863 (Mass App, 1993 (stating that when evaluating prejudice from “unexpected testimony,” the court should determine if the disclosure was “sufficiently timely that it allowed the de | 1 | 1 |
Kernen v. Homestead Development Co.green1 sentence2016See Kernen, 232 Mich App at 507 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re White
green
2 sentences2024To determine whether termination of parental rights is in a child’s best interests, the court should consider factors including “the child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” Id. (quotation marks and citation omitted). 2023To determine whether termination of parental rights is in a child’s best interests, the court should consider factors including “the child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” Id. (quotation marks and citation omitted). | 17 | 2022–2025 |
People v. Gipson
green
2 sentences2019A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [People v Gipson, 287 Mich App 261, 265 ; 787 NW2d 126 (2010).] The trial court found that Mahaffey demonstrated careful deliberation with regard to his rights. 2017A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [Gipson, 287 Mich App at 264-265 , quoting People v Daoud, 462 Mich 621, 635 ; 614 NW2d 152 (2000) (citations omitted).] 3 The parties do not dispute that defendant was in custody at the time of his interrogation. -3- “Any statement given freely and volunt | 3 | 2017–2023 |
People v. Brown
green
2 sentences2023People v Gipson, 287 Mich App 261, 265 ; 787 NW2d 126 (2010). 2019A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [People v Gipson, 287 Mich App 261, 265 ; 787 NW2d 126 (2010).] The trial court found that Mahaffey demonstrated careful deliberation with regard to his rights. | 2 | 2019–2023 |
People v. Dupree
green
2 sentences2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . 2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . | 2 | 2015–2015 |
People v. Dupree
green
2 sentences2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . 2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . | 2 | 2015–2015 |
People v. Dupree
neutral
2 sentences2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . 2015In support of his argument that this Court should consider his claim as one of duress, despite solely raising the affirmative defense of self-defense at trial, defendant cites the concurrence from People v Dupree, 284 Mich App 89, 113 ; 771 NW2d 470 (2009) (GLEICHER, J., concurring), aff’d in part 486 Mich 693 . | 2 | 2015–2015 |
In Re Gaipa
green
2 sentences1999Id. 1998Id. | 2 | 1998–1999 |
In re Gonzales/Martinez
green
2 sentences2022When determining whether termination is in the child’s best interests, the court should consider factors including “[t]he child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” In re Gonzales/Martinez Minors, 310 Mich App 426, 434 ; 871 NW2d 868 (2015). 2022When determining whether termination is in the child’s best interests, the court should consider factors including “[t]he child’s bond to the parent, the parent’s parenting ability, the child’s need for permanency, stability, and finality, and the advantages of a foster home over the parent’s home.” In re Gonzales/Martinez Minors, 310 Mich App 426, 434 ; 871 NW2d 868 (2015). | 1 | 2022–2022 |
Buczkowski v. McKay
green
2 sentences2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). 2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). | 1 | 2021–2021 |
Moning v. Alfono
green
2 sentences2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). 2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). | 1 | 2021–2021 |
Hill v. Sears, Roebuck and Co
green
1 sentence2021To determine whether this duty to avoid creating a new hazardous condition applies in the instant case, a trial court should consider factors such as “the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Hill v Sears, Roebuck & Co, 492 Mich 651, 661 ; -10- 822 NW2d 190 (2012) (quotation marks and citation omitted); see also Murdock v Higgins, 454 Mich 46, 53 ; 559 NW2d 639 (1997); Buczkowski v McKay, 441 Mich 96, 100 ; 490 NW2d 330 (1992); Moning v Alfono, 400 Mich 425 ; 254 NW2d 759 (1997). | 1 | 2021–2021 |
Grange Insurance Co of Michigan v. Edward Lawrence
green
1 sentence2020Lawrence, 494 Mich at 497 ; see also Calderon v Auto-Owners Ins Co, 488 Mich 984 , 985; 791 NW2d 117 (2010) (KELLY, M., concurring) (noting that the court should consider the factors set forth in Workman and Dairyland when determining one’s domicile for the purposes of MCL 500.3114(1)). | 1 | 2020–2020 |
Miranda v. Arizona
green
2 sentences2017A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [Gipson, 287 Mich App at 264-265 , quoting People v Daoud, 462 Mich 621, 635 ; 614 NW2d 152 (2000) (citations omitted).] 3 The parties do not dispute that defendant was in custody at the time of his interrogation. -3- “Any statement given freely and volunt 2017A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [Gipson, 287 Mich App at 264-265 , quoting People v Daoud, 462 Mich 621, 635 ; 614 NW2d 152 (2000) (citations omitted).] 3 The parties do not dispute that defendant was in custody at the time of his interrogation. -3- “Any statement given freely and volunt | 1 | 2017–2017 |
People v. Daoud
green
2 sentences2017A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [Gipson, 287 Mich App at 264-265 , quoting People v Daoud, 462 Mich 621, 635 ; 614 NW2d 152 (2000) (citations omitted).] 3 The parties do not dispute that defendant was in custody at the time of his interrogation. -3- “Any statement given freely and volunt 2017A court should consider factors such as: the duration of the defendant’s detention and questioning; the age, education, intelligence, and experience of the defendant; whether there was unnecessary delay of the arraignment; the defendant’s mental and physical state; whether the defendant was threatened or abused; and any promises of leniency. [Gipson, 287 Mich App at 264-265 , quoting People v Daoud, 462 Mich 621, 635 ; 614 NW2d 152 (2000) (citations omitted).] 3 The parties do not dispute that defendant was in custody at the time of his interrogation. -3- “Any statement given freely and volunt | 1 | 2017–2017 |
People v. Shipley
green
1 sentence2010Shipley, supra at 373-374 . | 1 | 2010–2010 |
People v. Dunbar
green
1 sentence1988Dunbar, supra. We disagree with the prosecutor’s position that this Court should consider the waiver of probate court jurisdiction as moot. | 1 | 1988–1988 |
Crawley v. Schick
green
1 sentence1984In making its award, the court should consider those factors enunciated in Wood v DAIIE, supra, and in Crawley v Schick, supra. A contingency arrangement is only one of the factors to be considered. | 1 | 1984–1984 |
Wood v. Detroit Automobile Inter-Insurance Exchange
green
1 sentence1984In making its award, the court should consider those factors enunciated in Wood v DAIIE, supra, and in Crawley v Schick, supra. A contingency arrangement is only one of the factors to be considered. | 1 | 1984–1984 |
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.
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.