nothing defense in Michigan

24 Michigan opinions name it 1 courts 1982–2024 6 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)

Case	Followed	Cited
People v. Nicksongreen michctapp · 1982 · cited in 23 Michigan opinions naming this issue, 2015–2024 2 sentences 2024Yet even with the second-degree murder instruction (which Taylor did not request), the defense continued to seek an acquittal of all charges based on a theory of self-defense, i.e., Taylor continued pursuing an all-or-nothing defense. -9- App 92, 94; 397 NW2d 229 (1986) (“[T]he decision not to request lesser offenses was a matter of trial strategy.”); People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982) (holding that defense counsel was not ineffective by failing to request a lesser-included-offense instruction because “[t]he decision to proceed with an all or nothing defense is a leg 2024Yet even with the second-degree murder instruction (which Taylor did not request), the defense continued to seek an acquittal of all charges based on a theory of self-defense, i.e., Taylor continued pursuing an all-or-nothing defense. -9- App 92, 94; 397 NW2d 229 (1986) (“[T]he decision not to request lesser offenses was a matter of trial strategy.”); People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982) (holding that defense counsel was not ineffective by failing to request a lesser-included-offense instruction because “[t]he decision to proceed with an all or nothing defense is a leg	9	23
People v. Robinsongreen michctapp · 1986 · cited in 3 Michigan opinions naming this issue, 2020–2024 2 sentences 2024Yet even with the second-degree murder instruction (which Taylor did not request), the defense continued to seek an acquittal of all charges based on a theory of self-defense, i.e., Taylor continued pursuing an all-or-nothing defense. -9- App 92, 94; 397 NW2d 229 (1986) (“[T]he decision not to request lesser offenses was a matter of trial strategy.”); People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982) (holding that defense counsel was not ineffective by failing to request a lesser-included-offense instruction because “[t]he decision to proceed with an all or nothing defense is a leg 2023When the defense’s trial strategy is to obtain an outright acquittal, an instruction or argument on a lesser offense may reduce the defendant’s chance of acquittal.” People v Allen, 331 Mich App 587 , 610; 953 NW2d 460 (2020), vacated in part on other grounds 507 Mich 856 (2021); see also People v Robinson, 154 Mich App 92, 94 ; 397 NW2d 229 (1986) (“[T]he decision not to request lesser offenses was a matter of trial strategy.”); People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982) (holding that defense counsel was not ineffective by failing to request a lesser-included-offense instru	3	3

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
People v. Sardy green michctapp · 1996 2 sentences 2022However, the decision to not request the trial court to instruct the jury on a lesser-included offense can constitute sound trial strategy, People v Sardy, 216 Mich App 111, 116 ; 549 NW2d 23 (1996), and “[t]he decision to proceed with an all or nothing defense is a legitimate trial strategy,” People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982). 2022However, the decision to not request the trial court to instruct the jury on a lesser-included offense can constitute sound trial strategy, People v Sardy, 216 Mich App 111, 116 ; 549 NW2d 23 (1996), and “[t]he decision to proceed with an all or nothing defense is a legitimate trial strategy,” People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982).	2	2016–2022
People v. Gaines green michctapp · 2014 1 sentence 2024People v Gaines, 306 Mich App 289, 296 ; 856 NW2d 222 (2014).	1	2024–2024
People v. Unger green michctapp · 2008 1 sentence 2020Further, “many calculated risks may be necessary in order to win difficult cases.” Unger, 278 Mich App at 242 .	1	2020–2020
People v. Trakhtenberg green mich · 2012 2 sentences 2020However, “a court cannot insulate the review of counsel’s performance by calling it trial strategy.” People v Trakhtenberg, 493 Mich 38, 52 ; 826 NW2d 136 (2012). 2020However, “a court cannot insulate the review of counsel’s performance by calling it trial strategy.” People v Trakhtenberg, 493 Mich 38, 52 ; 826 NW2d 136 (2012).	1	2020–2020
People v. Benton green michctapp · 2011 2 sentences 2016Defense counsel has wide discretion regarding matters of trial strategy, People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012), and “[t]his Court will not second- guess defense counsel’s judgment on matters of trial strategy.” People v Benton, 294 Mich App 191, 203 ; 817 NW2d 599 (2011). 2016Defense counsel has wide discretion regarding matters of trial strategy, People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012), and “[t]his Court will not second- guess defense counsel’s judgment on matters of trial strategy.” People v Benton, 294 Mich App 191, 203 ; 817 NW2d 599 (2011).	1	2016–2016
People v. Heft green michctapp · 2012 2 sentences 2016Defense counsel has wide discretion regarding matters of trial strategy, People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012), and “[t]his Court will not second- guess defense counsel’s judgment on matters of trial strategy.” People v Benton, 294 Mich App 191, 203 ; 817 NW2d 599 (2011). 2016Defense counsel has wide discretion regarding matters of trial strategy, People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012), and “[t]his Court will not second- guess defense counsel’s judgment on matters of trial strategy.” People v Benton, 294 Mich App 191, 203 ; 817 NW2d 599 (2011).	1	2016–2016
People v. Hoag green mich · 1999 2 sentences 2016And despite the fact that he bears the burden of proving the factual predicate for his claim of ineffective assistance, see People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), Ismael cites no record evidence to rebut the strong presumption that his trial counsel’s decisions in this regard were both strategic and effective. 2016And despite the fact that he bears the burden of proving the factual predicate for his claim of ineffective assistance, see People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), Ismael cites no record evidence to rebut the strong presumption that his trial counsel’s decisions in this regard were both strategic and effective.	1	2016–2016
People v. Silver green mich · 2002 2 sentences 2016Although he is correct that misdemeanor breaking and entering is a necessarily included lesser offense of first-degree home invasion, People v Silver, 466 Mich 386, 392 ; 646 NW2d 150 (2002), Ismael fails to recognize that “[t]he decision to proceed with an all or nothing defense is a legitimate trial strategy,” People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982). 2016Although he is correct that misdemeanor breaking and entering is a necessarily included lesser offense of first-degree home invasion, People v Silver, 466 Mich 386, 392 ; 646 NW2d 150 (2002), Ismael fails to recognize that “[t]he decision to proceed with an all or nothing defense is a legitimate trial strategy,” People v Nickson, 120 Mich App 681, 687 ; 327 NW2d 333 (1982).	1	2016–2016
People v. Rone green michctapp · 1981 2 sentences 1982People v Rone (On Second Remand), 109 Mich App 702 ; 311 NW2d 835 (1981); People v Rone (On Remand), 101 Mich App 811 ; 300 NW2d 705 (1980). 1982People v Rone (On Second Remand), 109 Mich App 702 ; 311 NW2d 835 (1981); People v Rone (On Remand), 101 Mich App 811 ; 300 NW2d 705 (1980).	1	1982–1982
People v. Rone green michctapp · 1980 2 sentences 1982People v Rone (On Second Remand), 109 Mich App 702 ; 311 NW2d 835 (1981); People v Rone (On Remand), 101 Mich App 811 ; 300 NW2d 705 (1980). 1982People v Rone (On Second Remand), 109 Mich App 702 ; 311 NW2d 835 (1981); People v Rone (On Remand), 101 Mich App 811 ; 300 NW2d 705 (1980).	1	1982–1982

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (9) MI § Mich. Comp. Laws § 769.12 (7) MI § Mich. Comp. Laws § 750.84 (6) MI § Mich. Comp. Laws § 750.316 (5) MI § Mich. Comp. Laws § 750.317 (5) MI § Mich. Comp. Laws § 750.110a (4) MI § Mich. Comp. Laws § 750.529 (4) MI § Mich. Comp. Laws § 750.530 (4) MI § Mich. Comp. Laws § 750.83 (4) MI § Mich. Comp. Laws § 750.136b (3) MI § Mich. Comp. Laws § 769.34 (3) MI § Mich. Comp. Laws § 777.36 (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

MI 24 (1982–2024) CA 7 (1979–2025) GA 6 (1997–2015) IL 5 (1978–2016) UT 4 (2013–2026) NY 3 (2018–2021) MA 3 (1998–2018) WA 2 (2010–2010) IN 2 (2017–2024)

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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