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28 Michigan opinions name it 2 courts 1971–2026 3 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. Tannergreen2 sentences2018In Tanner, 387 Mich at 690 , the Supreme Court concluded that, because a “sentence with too short an interval between minimum and maximum is not indeterminate, . . . any sentence which provides for a minimum exceeding two-thirds of the maximum is improper as failing to comply with the indeterminate sentence act.” MCL 769.34(2)(b) codified the ruling in Tanner and provides that “[t]he court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence.” A Tanner violation does not occur, however, where the maximum possible sentence is “life or an 2018In Tanner, 387 Mich at 690 , the Supreme Court concluded that, because a “sentence with too short an interval between minimum and maximum is not indeterminate, . . . any sentence which provides for a minimum exceeding two-thirds of the maximum is improper as failing to comply with the indeterminate sentence act.” MCL 769.34(2)(b) codified the ruling in Tanner and provides that “[t]he court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence.” A Tanner violation does not occur, however, where the maximum possible sentence is “life or an | 5 | 11 |
People v. Reedgreen2 sentences1974Sentences imposed prior to date of this decision and not pending on appeal upon properly preserved specific issue shall not be affected by the rule herein adopted.” In People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722 (1973), quoting People v Alvin Reed, 43 Mich App 556, 558 ; 204 NW2d 319 (1972), we stated as follows: " 'It is our opinion that Tanner is applicable to any sentence imposed after July 26,1972, and to any case in which an appeal was pending on July 26, 1972, and the Tanner issue was briefed at any time during pendency of the appeal.’ ” The Michigan Supreme Court declared in Ta 1974Sentences imposed prior to date of this decision and not pending on appeal upon properly preserved specific issue shall not be affected by the rule herein adopted.” In People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722 (1973), quoting People v Alvin Reed, 43 Mich App 556, 558 ; 204 NW2d 319 (1972), we stated as follows: " 'It is our opinion that Tanner is applicable to any sentence imposed after July 26,1972, and to any case in which an appeal was pending on July 26, 1972, and the Tanner issue was briefed at any time during pendency of the appeal.’ ” The Michigan Supreme Court declared in Ta | 3 | 4 |
People v. Knopekgreen2 sentences1974Sentences imposed prior to date of this decision and not pending on appeal upon properly preserved specific issue shall not be affected by the rule herein adopted.” In People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722 (1973), quoting People v Alvin Reed, 43 Mich App 556, 558 ; 204 NW2d 319 (1972), we stated as follows: " 'It is our opinion that Tanner is applicable to any sentence imposed after July 26,1972, and to any case in which an appeal was pending on July 26, 1972, and the Tanner issue was briefed at any time during pendency of the appeal.’ ” The Michigan Supreme Court declared in Ta 1974Sentences imposed prior to date of this decision and not pending on appeal upon properly preserved specific issue shall not be affected by the rule herein adopted.” In People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722 (1973), quoting People v Alvin Reed, 43 Mich App 556, 558 ; 204 NW2d 319 (1972), we stated as follows: " 'It is our opinion that Tanner is applicable to any sentence imposed after July 26,1972, and to any case in which an appeal was pending on July 26, 1972, and the Tanner issue was briefed at any time during pendency of the appeal.’ ” The Michigan Supreme Court declared in Ta | 2 | 3 |
People v. Redwinegreen2 sentences1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. 1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. | 2 | 2 |
People v. Thomasgreen2 sentences2008On remand, the trial court shall resentence the defendant on these counts in accordance with People v. Thomas, 447 Mich. 390 , 523 N.W.2d 215 (1994), which provides that the proper remedy for a Tanner violation is a reduction in the minimum sentence. 2008On remand, the trial court shall resentence the defendant on these counts in accordance with People v. Thomas, 447 Mich. 390 , 523 N.W.2d 215 (1994), which provides that the proper remedy for a Tanner violation is a reduction in the minimum sentence. | 1 | 7 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Harper
green
2 sentences2020The Legislature substantially adopted this principle in MCL 769.34(2)(b), which states that a sentencing court “shall not impose a minimum sentence, including a departure, that exceeds two-thirds of the statutory maximum sentence.” The Court has repeatedly held that neither the Tanner rule, nor -6- MCL 769.34(2)(b), applies to sentences where the statutory maximum punishment is “life or any term of years.” See People v Powe, 469 Mich 1032 ; 679 NW2d 67 (2004); People v Harper, 479 Mich 599 , 617 n 31; 739 NW2d 523 (2007), People v Washington, 489 Mich 871 ; 795 NW2d 816 (2011), and People v Fl 2020The Legislature substantially adopted this principle in MCL 769.34(2)(b), which states that a sentencing court “shall not impose a minimum sentence, including a departure, that exceeds two-thirds of the statutory maximum sentence.” The Court has repeatedly held that neither the Tanner rule, nor -6- MCL 769.34(2)(b), applies to sentences where the statutory maximum punishment is “life or any term of years.” See People v Powe, 469 Mich 1032 ; 679 NW2d 67 (2004); People v Harper, 479 Mich 599 , 617 n 31; 739 NW2d 523 (2007), People v Washington, 489 Mich 871 ; 795 NW2d 816 (2011), and People v Fl | 3 | 2018–2020 |
People v. Miles
green
2 sentences2017The resolution of the issue at hand is governed by People v Miles, 454 Mich 90 (1997). 2017The resolution of the issue at hand is governed by People v Miles, 454 Mich 90 (1997). | 3 | 2016–2017 |
People v. Javens
green
2 sentences2024Yet, defendant further acknowledges that the Tanner rule and MCL 769.34(2)(b) do not apply to sentences where the statutory maximum punishment is “life or any term of years.” People v Powe, 469 Mich 1032 ; 679 NW2d 67 (2004). 2024Yet, defendant further acknowledges that the Tanner rule and MCL 769.34(2)(b) do not apply to sentences where the statutory maximum punishment is “life or any term of years.” People v Powe, 469 Mich 1032 ; 679 NW2d 67 (2004). | 2 | 2020–2024 |
People v. Lockridge
green
2 sentences2018Defendant argues that the life-maximum exception to Tanner can be traced back to MCL 769.34(10) and that, because People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), invalidated MCL 769.34(10), the life-maximum exception is no longer good law. 2018Defendant argues that the life-maximum exception to Tanner can be traced back to MCL 769.34(10) and that, because People v Lockridge, 498 Mich 358 ; 870 NW2d 502 (2015), invalidated MCL 769.34(10), the life-maximum exception is no longer good law. | 2 | 2018–2018 |
People v. Banks
green
2 sentences1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). 1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). | 2 | 1978–1978 |
People v. Makidon
green
2 sentences1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). 1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). | 2 | 1978–1978 |
People v. Malchi White
neutral
2 sentences1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). 1978Therefore, the trial court was not bound by the Tanner rule. *593 People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977). | 2 | 1978–1978 |
People v. Montgomery
neutral
2 sentences1974See, also, People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722, 725 (1973); People v Montgomery, 43 Mich App 205, 208-209 ; 204 NW2d 82 (1972). 1974See, also, People v Knopek, 47 Mich App 530, 534 ; 209 NW2d 722, 725 (1973); People v Montgomery, 43 Mich App 205, 208-209 ; 204 NW2d 82 (1972). | 2 | 1973–1974 |
People v. Metamora Water Service, Inc
green
2 sentences2024Because this Court and the lower courts are bound by the precedent established by our Supreme Court until it acts, People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007), we reject defendant’s argument that his sentence is invalid. 2024Because this Court and the lower courts are bound by the precedent established by our Supreme Court until it acts, People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007), we reject defendant’s argument that his sentence is invalid. | 1 | 2024–2024 |
People v. Milbourn
red
2 sentences2001MCL 769.34(3); MSA 28.1097(3.4)(3); Milbourn, supra at 660-661 , 461 N.W.2d 1 . 2001MCL 769.34(3); MSA 28.1097(3.4)(3); Milbourn, supra at 660-661 , 461 N.W.2d 1 . | 1 | 2001–2001 |
People v. Walker
green
2 sentences1997Because People v. Thomas, 447 Mich. 390 , 523 N.W.2d 215 (1994), had not yet been decided, there was no clear rule prohibiting correction of a Tanner error by increasing the maximum term. [2] Defendant had been notified by Mr. Evelyn and advised to contact counsel's partner, Myzell Sowell. [3] Presumably the transcript of the preliminary hearing. [4] Defendant resided in apartment 301; 302 was vacant. [5] People v. Walker, 374 Mich. 331 , 132 N.W.2d 87 (1965). [6] The grievance was filed on May 1, 1989, before Mr. Evelyn had resolved defendant's concerns to defendant's satisfaction. 1997Because People v. Thomas, 447 Mich. 390 , 523 N.W.2d 215 (1994), had not yet been decided, there was no clear rule prohibiting correction of a Tanner error by increasing the maximum term. [2] Defendant had been notified by Mr. Evelyn and advised to contact counsel's partner, Myzell Sowell. [3] Presumably the transcript of the preliminary hearing. [4] Defendant resided in apartment 301; 302 was vacant. [5] People v. Walker, 374 Mich. 331 , 132 N.W.2d 87 (1965). [6] The grievance was filed on May 1, 1989, before Mr. Evelyn had resolved defendant's concerns to defendant's satisfaction. | 1 | 1997–1997 |
In Re Dana Jenkins
green
2 sentences1994The only "relief” available to a defendant who was sentenced to a minimum term almost as long as the maximum term would be an increase in the maximum term of incarceration. 9 Dotson was cited approvingly in In re Dana Jenkins, 438 Mich 364 ; 475 NW2d 279 (1991). 1994The only "relief” available to a defendant who was sentenced to a minimum term almost as long as the maximum term would be an increase in the maximum term of incarceration. 9 Dotson was cited approvingly in In re Dana Jenkins, 438 Mich 364 ; 475 NW2d 279 (1991). | 1 | 1994–1994 |
Brinson v. Genesee Circuit Judge
green
2 sentences1989Brinson v Genesee Circuit Judge, 403 Mich 676, 684 ; 272 NW2d 513 (1978). [9] Although the Court in Langham did not specifically address the issue whether the Tanner rule applied to sentences under the habitual offender act, it must be noted that upon determining that a flat sentence of eight years was improper, the panel did not remand for resentencing. 1989Brinson v Genesee Circuit Judge, 403 Mich 676, 684 ; 272 NW2d 513 (1978). [9] Although the Court in Langham did not specifically address the issue whether the Tanner rule applied to sentences under the habitual offender act, it must be noted that upon determining that a flat sentence of eight years was improper, the panel did not remand for resentencing. | 1 | 1989–1989 |
People v. Stevens
neutral
2 sentences1985People v Stevens, 138 Mich App 438, 442-443 ; 360 NW2d 216 (1984). 1985People v Stevens, 138 Mich App 438, 442-443 ; 360 NW2d 216 (1984). | 1 | 1985–1985 |
People v. Wilkins
green
2 sentences1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. 1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. | 1 | 1978–1978 |
People v. Reese
neutral
2 sentences1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. 1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. | 1 | 1978–1978 |
People v. Reginald Harris
green
2 sentences1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. 1978Compare, People v Redwine, 73 Mich App 83 ; 250 NW2d 550 (1976), People v Reginald Harris, 80 Mich App 228 ; 263 NW2d 40 (1977), People v Wilkins, 82 Mich App 260 ; 266 NW2d 781 (1978), People v Reese, 83 Mich App 186 ; 268 NW2d 340 (1978), with People v Banks, 73 Mich App 492 ; 252 NW2d 501 (1977), People v Malchi White, 81 Mich App 226 ; 265 NW2d 100 (1978), People v Makidon, 84 Mich App 287 ; 269 NW2d 568 (1978). *357 The Supreme Court has applied the Tanner rule, without discussion, to cases in which the defendant had committed prior felonies. | 1 | 1978–1978 |
People v. Hampton
green
2 sentences1973In writing the opinion for the Court in People v Tanner, 387 Mich 683 ; 199 NW2d 202 (1972), I concluded at page 690 as follows: "Based upon the principles analyzed and discussed in People v Hampton, 384 Mich 669 [ 187 NW2d 404 ] (1971), we hold that the decision herein is prospectively limited to those cases in which'sentence is to be or has been imposed after date of filing of this opinion and to those cases which on date of filing of this opinion are pending on appeal and which have properly raised and preserved the issue for appeal. 1973In writing the opinion for the Court in People v Tanner, 387 Mich 683 ; 199 NW2d 202 (1972), I concluded at page 690 as follows: "Based upon the principles analyzed and discussed in People v Hampton, 384 Mich 669 [ 187 NW2d 404 ] (1971), we hold that the decision herein is prospectively limited to those cases in which'sentence is to be or has been imposed after date of filing of this opinion and to those cases which on date of filing of this opinion are pending on appeal and which have properly raised and preserved the issue for appeal. | 1 | 1973–1973 |
Moore v. Parole Board
green
2 sentences1972On the basis of the decision of People v Tanner, supra, and in light of 1948 CL 769.24; MSA 28.1094, and Moore v Parole Board, 379 Mich 624 , *627 638, 639 (1967), we reverse the excess portion of defendant’s minimum sentence heretofore imposed by the trial court of 4-1/2 years, but we affirm the valid remainder of such minimum sentence, which constitutes two-thirds of the maximum of the 5 years. 1972On the basis of the decision of People v Tanner, supra, and in light of 1948 CL 769.24; MSA 28.1094, and Moore v Parole Board, 379 Mich 624 , *627 638, 639 (1967), we reverse the excess portion of defendant’s minimum sentence heretofore imposed by the trial court of 4-1/2 years, but we affirm the valid remainder of such minimum sentence, which constitutes two-thirds of the maximum of the 5 years. | 1 | 1972–1972 |
People v. Walker
neutral
1 sentence1971People v. Walker (1966), 3 Mich App 230 . *368 Defendant has relied on three federal cases in support of his position that the jury should have been informed of Tanner’s plea. | 1 | 1971–1971 |
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.