evidence supports instruction in Michigan

2019“Even if somewhat imperfect, instructions do not create error if they fairly present to the jury the issues tried and sufficiently protect the defendant’s rights.” People v Bartlett, 231 Mich App 139, 143-144 ; 585 NW2d 341 (1998). -11- Under MCL 768.32, “a lesser offense instruction is appropriate only if the lesser offense is necessarily included in the greater offense.” People v Nickens, 470 Mich 622, 626 ; 685 NW2d 657 (2004).

2019“Even if somewhat imperfect, instructions do not create error if they fairly present to the jury the issues tried and sufficiently protect the defendant’s rights.” People v Bartlett, 231 Mich App 139, 143-144 ; 585 NW2d 341 (1998). -11- Under MCL 768.32, “a lesser offense instruction is appropriate only if the lesser offense is necessarily included in the greater offense.” People v Nickens, 470 Mich 622, 626 ; 685 NW2d 657 (2004).

2017“The trial court may issue an instruction to the jury if a rational view of the evidence supports the instruction.” Id., citing MCL 768.29, and Riddle, 467 Mich at 124 . “[A] requested 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).

2017“The trial court may issue an instruction to the jury if a rational view of the evidence supports the instruction.” Id., citing MCL 768.29 and Riddle, 467 Mich at 124 .

2021This Court “will not reverse where the jury instructions fairly presented the issues to be tried and sufficiently protected the defendant’s rights.” People v Eisen, 296 Mich App 326, 330 ; 820 NW2d 229 (2012) (citation and quotation marks omitted).

2021This Court “will not reverse where the jury instructions fairly presented the issues to be tried and sufficiently protected the defendant’s rights.” People v Eisen, 296 Mich App 326, 330 ; 820 NW2d 229 (2012) (citation and quotation marks omitted).

2024Id.

2019People v Guajardo, 300 Mich App 26, 34-35 ; 832 NW2d 409 (2013).

2019People v Guajardo, 300 Mich App 26, 34-35 ; 832 NW2d 409 (2013).

2019To have a jury instructed on self-defense, a defendant must satisfy “the initial burden of producing some evidence from which a jury could conclude that the elements necessary to establish a prima facie defense of self-defense exist . . . .” People v Dupree, 486 Mich 693, 709-710 ; 788 NW2d 399 (2010).

2019To have a jury instructed on self-defense, a defendant must satisfy “the initial burden of producing some evidence from which a jury could conclude that the elements necessary to establish a prima facie defense of self-defense exist . . . .” People v Dupree, 486 Mich 693, 709-710 ; 788 NW2d 399 (2010).

2019“Even if somewhat imperfect, instructions do not create error if they fairly present to the jury the issues tried and sufficiently protect the defendant’s rights.” People v Bartlett, 231 Mich App 139, 143-144 ; 585 NW2d 341 (1998). -11- Under MCL 768.32, “a lesser offense instruction is appropriate only if the lesser offense is necessarily included in the greater offense.” People v Nickens, 470 Mich 622, 626 ; 685 NW2d 657 (2004).

2019“Even if somewhat imperfect, instructions do not create error if they fairly present to the jury the issues tried and sufficiently protect the defendant’s rights.” People v Bartlett, 231 Mich App 139, 143-144 ; 585 NW2d 341 (1998). -11- Under MCL 768.32, “a lesser offense instruction is appropriate only if the lesser offense is necessarily included in the greater offense.” People v Nickens, 470 Mich 622, 626 ; 685 NW2d 657 (2004).

2018Specifically, a “trial court may issue an instruction to the jury if a rational view of the evidence supports the instruction.” Id. (citation and quotation marks omitted).

2018In addition, “[e]ven if the instructions are somewhat imperfect, reversal is not required as long as they fairly presented the issues to be tried and sufficiently protected the defendant’s rights.” Id. (citation omitted).

2016“Even if the instructions are somewhat imperfect, reversal is not required as long as they fairly presented the issues to be tried and sufficiently protected the defendant’s rights.” Aldrich, 246 Mich App at 124 .

2016A. DEFENDANT’S FALSE EXCULPATORY STATEMENTS “A prosecutor may, in certain instances, offer evidence that an exculpatory statement is false as circumstantial evidence of guilt.” People v Seals, 285 Mich App 1, 5 ; 776 NW2d 314 (2009).

2016A. DEFENDANT’S FALSE EXCULPATORY STATEMENTS “A prosecutor may, in certain instances, offer evidence that an exculpatory statement is false as circumstantial evidence of guilt.” People v Seals, 285 Mich App 1, 5 ; 776 NW2d 314 (2009).

2005Concisely stated, "[i]nstructions on cognate lesser offenses are not permitted[.]" Lowery, supra at 173, 673 N.W.2d 107 .

2004Id.

2004Id.

1982Citing Ora Jones , this Court, in People v Heard, 103 Mich App 571, 576 ; 303 NW2d 240 (1981), stated that the trial court’s undertaking to instruct on voluntary manslaughter created a duty to instruct on the cognate included offense of involuntary manslaughter if the evidence supports such an instruction.

1982Citing Ora Jones , this Court, in People v Heard, 103 Mich App 571, 576 ; 303 NW2d 240 (1981), stated that the trial court’s undertaking to instruct on voluntary manslaughter created a duty to instruct on the cognate included offense of involuntary manslaughter if the evidence supports such an instruction.