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

32 Michigan opinions name it 2 courts 1976–2025 7 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 (12)

CaseFollowedCited
People v. Ungergreen
michctapp · 2008 · cited in 4 Michigan opinions naming this issue, 2015–2022
2 sentences

2022Although a prosecutor may not personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), comment on facts not in evidence or mischaracterize the evidence, People v Unger, 278 Mich App 210, 241 ; 749 NW2d 272 (2008), the record does not support defendant’s argument that the prosecutor engaged in such conduct in this case.

2022Although a prosecutor may not personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), comment on facts not in evidence or mischaracterize the evidence, People v Unger, 278 Mich App 210, 241 ; 749 NW2d 272 (2008), the record does not support defendant’s argument that the prosecutor engaged in such conduct in this case.

24
People v. McLaughlingreen
michctapp · 2003 · cited in 8 Michigan opinions naming this issue, 2018–2022
2 sentences

2022Although a prosecutor may not personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), comment on facts not in evidence or mischaracterize the evidence, People v Unger, 278 Mich App 210, 241 ; 749 NW2d 272 (2008), the record does not support defendant’s argument that the prosecutor engaged in such conduct in this case.

2022Although a prosecutor may not personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), comment on facts not in evidence or mischaracterize the evidence, People v Unger, 278 Mich App 210, 241 ; 749 NW2d 272 (2008), the record does not support defendant’s argument that the prosecutor engaged in such conduct in this case.

18
People v. Watsongreen
michctapp · 2001 · cited in 3 Michigan opinions naming this issue, 2014–2020
2 sentences

2014People v Watson, 245 Mich App 572, 586 ; 629 NW2d 411 (2001). -3- A prosecutor may not personally attack the credibility of defense counsel or suggest that defense counsel is intentionally attempting to mislead the jury.

2014People v Watson, 245 Mich App 572, 586 ; 629 NW2d 411 (2001). -3- A prosecutor may not personally attack the credibility of defense counsel or suggest that defense counsel is intentionally attempting to mislead the jury.

13
People v. Dobekgreen
michctapp · 2007 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023See Dobek, 274 Mich App at 64 (“Otherwise improper prosecutorial conduct or remarks might not require reversal if they address issues raised by defense counsel.”); Callon, 256 Mich App at 331 (concluding that an attack on the credibility of a defense theory does not shift the burden of proof).

11
People v. Callongreen
michctapp · 2003 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023See Dobek, 274 Mich App at 64 (“Otherwise improper prosecutorial conduct or remarks might not require reversal if they address issues raised by defense counsel.”); Callon, 256 Mich App at 331 (concluding that an attack on the credibility of a defense theory does not shift the burden of proof).

11
People of Michigan v. Kendrick Scottgreen
mich · 2018 · cited in 1 Michigan opinions naming this issue, 2020–2020
1 sentence

2020As this Court stated in Johnson, “a trial court’s credibility determination is concerned with whether a reasonable juror could find the testimony credible on retrial.” Id. at 567 (emphasis in original).

11
People v. Rodriguezgreen
michctapp · 2002 · cited in 1 Michigan opinions naming this issue, 2019–2019
2 sentences

2019See People v Rodriguez, 251 Mich App 10, 34 ; 650 NW2d 96 (2002) (“Any party may attack the credibility of a witness.”).

2019See People v Rodriguez, 251 Mich App 10, 34 ; 650 NW2d 96 (2002) (“Any party may attack the credibility of a witness.”).

11
People v. Lacalamitagreen
michctapp · 2009 · cited in 1 Michigan opinions naming this issue, 2015–2015
1 sentence

2015See Lacalamita, 286 Mich App at 469-470 ; Unger, 278 Mich App at 232 .

11
People v. Sterlinggreen
michctapp · 1986 · cited in 1 Michigan opinions naming this issue, 1994–1994
1 sentence

1994See, e.g., Sterling, supra at 230 ; People v Redfern, 71 Mich App 452, 457 ; 248 NW2d 582 (1976); People v Roby, 38 Mich App 387, 392 ; 196 NW2d 346 (1972).

11
People v. Fostergreen
michctapp · 1977 · cited in 1 Michigan opinions naming this issue, 1985–1985
2 sentences

1985See People v Foster, 77 Mich App 604, 612 ; 259 NW2d 153 (1977), lv den 406 Mich 888 (1979).

1985See People v Foster, 77 Mich App 604, 612 ; 259 NW2d 153 (1977), lv den 406 Mich 888 (1979).

11
People v. Williamsgreen
mich · 1982 · cited in 1 Michigan opinions naming this issue, 1983–1983
2 sentences

1983See People v Williams, 416 Mich 25 ; 330 NW2d 823 (1982) and MRE 608.

1983See People v Williams, 416 Mich 25 ; 330 NW2d 823 (1982) and MRE 608.

11
People v. Christensengreen
michctapp · 1975 · cited in 1 Michigan opinions naming this issue, 1976–1976
2 sentences

1976See People v Christensen, 64 Mich App 23 ; 235 NW2d 50 (1975), and People v Lyons, 49 Mich 78 ; 13 NW 365 (1882).

1976See People v Christensen, 64 Mich App 23 ; 235 NW2d 50 (1975), and People v Lyons, 49 Mich 78 ; 13 NW 365 (1882).

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 (18)

CaseCitedYears
People v. Kennebrew green
michctapp · 1997
2 sentences

2018A prosecutor “may not personally attack defense counsel,” People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), or the credibility of defense counsel, People v Kennebrew, 220 Mich App 601, 607 ; 560 NW2d 354 (1996), or “suggest that defense counsel is intentionally attempting to mislead the jury,” Unger, 278 Mich App at 236 (quotation marks and citation omitted).

2018A prosecutor “may not personally attack defense counsel,” People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003), or the credibility of defense counsel, People v Kennebrew, 220 Mich App 601, 607 ; 560 NW2d 354 (1996), or “suggest that defense counsel is intentionally attempting to mislead the jury,” Unger, 278 Mich App at 236 (quotation marks and citation omitted).

62017–2018
People v. McGhee green
michctapp · 2006
2 sentences

2018A prosecutor may respond to issues raised by defense counsel, People v Brown, 279 Mich App 116, 135 ; 755 NW2d 664 (2008), and attacking the credibility of a defense theory or commenting on the weaknesses in the defendant’s theory does not shift the burden of proof, People v McGhee, 268 Mich App 600, 635 ; 709 NW2d 595 (2005).

2018A prosecutor may respond to issues raised by defense counsel, People v Brown, 279 Mich App 116, 135 ; 755 NW2d 664 (2008), and attacking the credibility of a defense theory or commenting on the weaknesses in the defendant’s theory does not shift the burden of proof, People v McGhee, 268 Mich App 600, 635 ; 709 NW2d 595 (2005).

32018–2025
People v. Brown green
michctapp · 2008
2 sentences

2022Viewing as a whole the comments to which defendant objects, and evaluating them in light of defense arguments and the relationship they bear to the evidence admitted at trial, see Brown, 279 Mich App at 135-136 , we conclude that the prosecutor’s comments attacked defendant’s credibility and the credibility of her defense, but did not shift defendant’s burden and, therefore, did not constitute prosecutorial misconduct, see Fyda, 288 Mich App at 464 .

2018A prosecutor may respond to issues raised by defense counsel, People v Brown, 279 Mich App 116, 135 ; 755 NW2d 664 (2008), and attacking the credibility of a defense theory or commenting on the weaknesses in the defendant’s theory does not shift the burden of proof, People v McGhee, 268 Mich App 600, 635 ; 709 NW2d 595 (2005).

32018–2022
People v. Dalessandro green
michctapp · 1988
2 sentences

2017People v Kennebrew, 220 Mich App 601, 607 ; 560 NW2d 354 (1996); People v Dalessandro, 165 Mich App 569, 580 ; 419 NW2d 609 (1988).

2017People v Kennebrew, 220 Mich App 601, 607 ; 560 NW2d 354 (1996); People v Dalessandro, 165 Mich App 569, 580 ; 419 NW2d 609 (1988).

32014–2017
People v. Dawson green
ny · 1980
2 sentences

1996The panel noted that in a New York case, People v Dawson, 50 NY2d 311 ; 428 NYS2d 914 ; 406 NE2d 771 (1980), the prosecutor was allowed to attack the credibility of a defense alibi witness only after laying a foundation showing that the witness was aware of the charges against the defendant and their nature, that the witness had reason to recognize that the witness possessed exculpatory information, that the witness had a reasonable motive to exonerate the defendant, and that the witness was familiar with the means to make such information available to the police.

1996The panel noted that in a New York case, People v Dawson, 50 NY2d 311 ; 428 NYS2d 914 ; 406 NE2d 771 (1980), the prosecutor was allowed to attack the credibility of a defense alibi witness only after laying a foundation showing that the witness was aware of the charges against the defendant and their nature, that the witness had reason to recognize that the witness possessed exculpatory information, that the witness had a reasonable motive to exonerate the defendant, and that the witness was familiar with the means to make such information available to the police.

31985–2002
People v. Thomas green
michctapp · 2004
1 sentence

2025Thomas, 260 Mich App at 455 .

12025–2025
People v. Fyda green
michctapp · 2010
1 sentence

2022Viewing as a whole the comments to which defendant objects, and evaluating them in light of defense arguments and the relationship they bear to the evidence admitted at trial, see Brown, 279 Mich App at 135-136 , we conclude that the prosecutor’s comments attacked defendant’s credibility and the credibility of her defense, but did not shift defendant’s burden and, therefore, did not constitute prosecutorial misconduct, see Fyda, 288 Mich App at 464 .

12022–2022
Berger v. Berger green
michctapp · 2008
1 sentence

2021This Court defers to such credibility assessments on appeal, Demski, 309 Mich App at 445 , and the weight it chooses to afford conflicting evidence, Berger, -6- 277 Mich App at 705 .

12021–2021
Demski v. Petlick green
michctapp · 2015
1 sentence

2021This Court defers to such credibility assessments on appeal, Demski, 309 Mich App at 445 , and the weight it chooses to afford conflicting evidence, Berger, -6- 277 Mich App at 705 .

12021–2021
People v. Bahoda green
mich · 1995
2 sentences

2019A prosecutor may not denigrate a defendant with prejudicial or intemperate comments, People v Bahoda, 448 Mich 261, 283 ; 531 NW2d 659 (1995), or personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003).

2019A prosecutor may not denigrate a defendant with prejudicial or intemperate comments, People v Bahoda, 448 Mich 261, 283 ; 531 NW2d 659 (1995), or personally attack the credibility of defense counsel, People v McLaughlin, 258 Mich App 635, 646 ; 672 NW2d 860 (2003).

12019–2019
People v. Phillips green
michctapp · 1996
2 sentences

2002There must be some showing, on the record, as to why it would have been natural for the alibi witness to relate his story to the police. [Id. at 255-256.] The Court in Fuqua , citing People v Dawson, 50 NY2d 311 ; 428 NYS2d 914 ; 406 NE2d 771 (1980), suggested that such an evidentiary foundation might require the prosecutor in appropriate instances to show that a witness was aware of the charges against the defendant, that the witness had reason to recognize that he possessed exculpatory information, or that the witness was familiar with how to make the information available to the police or p

2002There must be some showing, on the record, as to why it would have been natural for the alibi witness to relate his story to the police. [Id. at 255-256.] The Court in Fuqua , citing People v Dawson, 50 NY2d 311 ; 428 NYS2d 914 ; 406 NE2d 771 (1980), suggested that such an evidentiary foundation might require the prosecutor in appropriate instances to show that a witness was aware of the charges against the defendant, that the witness had reason to recognize that he possessed exculpatory information, or that the witness was familiar with how to make the information available to the police or p

12002–2002
Alston v. United States green
dc · 1989
1 sentence

1995By contrast, argument regarding the absence of a witness, who is injected *108 into the case by one of the parties, illustrates the lack of believability of the events in question. 18 Here, as in Alston, supra at 528 , "the prosecutor did not argue that the witness, had [sjhe been produced, would have testified unfavorably, nor did he argue that the witness was conspicuously absent, leaving the jury to draw their own conclusions.” Rather, the prosecutor argued that Joanne Walker did not exist, an inference reasonably drawn from the fact that defendant sought to rely on his request to the prose

11995–1995
People v. Roby green
michctapp · 1972
2 sentences

1994See, e.g., Sterling, supra at 230 ; People v Redfern, 71 Mich App 452, 457 ; 248 NW2d 582 (1976); People v Roby, 38 Mich App 387, 392 ; 196 NW2d 346 (1972).

1994See, e.g., Sterling, supra at 230 ; People v Redfern, 71 Mich App 452, 457 ; 248 NW2d 582 (1976); People v Roby, 38 Mich App 387, 392 ; 196 NW2d 346 (1972).

11994–1994
People v. Redfern green
michctapp · 1976
2 sentences

1994See, e.g., Sterling, supra at 230 ; People v Redfern, 71 Mich App 452, 457 ; 248 NW2d 582 (1976); People v Roby, 38 Mich App 387, 392 ; 196 NW2d 346 (1972).

1994See, e.g., Sterling, supra at 230 ; People v Redfern, 71 Mich App 452, 457 ; 248 NW2d 582 (1976); People v Roby, 38 Mich App 387, 392 ; 196 NW2d 346 (1972).

11994–1994
People v. Chatfield green
michctapp · 1988
2 sentences

1991People v Chatfield, 170 Mich App 831, 834 ; 428 NW2d 788 (1988).

1991People v Chatfield, 170 Mich App 831, 834 ; 428 NW2d 788 (1988).

11991–1991
Commonwealth v. Brown green
massappct · 1981
1 sentence

1985See also, Commonwealth v Brown, 11 Mass App 288; *256 416 NE2d 218 (1981), and People v Watson, 94 Ill App 3d 550; 50 Ill Dec 21; 418 NE2d 1015 (1981).

11985–1985
People v. Watson green
illappct · 1981
1 sentence

1985See also, Commonwealth v Brown, 11 Mass App 288; *256 416 NE2d 218 (1981), and People v Watson, 94 Ill App 3d 550; 50 Ill Dec 21; 418 NE2d 1015 (1981).

11985–1985
People v. Lyons green
· 1882
2 sentences

1976See People v Christensen, 64 Mich App 23 ; 235 NW2d 50 (1975), and People v Lyons, 49 Mich 78 ; 13 NW 365 (1882).

1976See People v Christensen, 64 Mich App 23 ; 235 NW2d 50 (1975), and People v Lyons, 49 Mich 78 ; 13 NW 365 (1882).

11976–1976

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (10) MI § Mich. Comp. Laws § 750.224f (8) MI § Mich. Comp. Laws § 750.316 (5) MI § Mich. Comp. Laws § 750.529 (5) MI § Mich. Comp. Laws § 769.10 (5) MI § Mich. Comp. Laws § 750.81d (4) MI § Mich. Comp. Laws § 750.83 (4) MI § Mich. Comp. Laws § 777.62 (4) MI § Mich. Comp. Laws § 750.157a (3) MI § Mich. Comp. Laws § 769.13 (3) MI § Mich. Comp. Laws § 777.16y (3) MI § Mich. Comp. Laws § 777.34 (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

TX 412 (1972–2026) CA 141 (1957–2026) IL 66 (1974–2025) NY 46 (1973–2024) MI 32 (1976–2025) OH 30 (1996–2026) PA 27 (1973–2025) LA 26 (1959–2017) MO 24 (1905–2024) CO 23 (1975–2026) WA 22 (1981–2025) NJ 19 (1976–2025) FL 17 (1980–2019) CT 16 (1981–2025) GA 16 (1978–2021) TN 15 (1991–2024) MN 15 (1976–2019) MA 14 (1981–2024) KS 12 (1968–2022) NM 10 (1992–2026) DC 10 (1977–2022) WI 9 (1980–2022) RI 8 (1992–2023) IN 7 (1976–2017) VA 7 (1993–2026) MD 7 (1982–2018) IA 7 (1983–2026) HI 7 (1997–2024) UT 7 (1998–2021) MS 6 (1994–2026) NC 6 (1980–2016) WV 6 (1996–2025) OK 5 (1984–2011) SC 4 (1999–2018) MT 4 (1982–2021) WY 4 (1990–2006) AL 4 (1993–2016) VT 3 (2005–2017) SD 3 (1961–2024) ME 3 (2008–2023) AZ 2 (2021–2022) NE 2 (1954–2014) AR 2 (2013–2014) DE 2 (1994–2025)

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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