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23 Michigan opinions name it 2 courts 1974–2025 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. McMillangreen2 sentences2018McMillan, 213 Mich App at 141-142 ; Simmons, 140 Mich App at 685 . 2018McMillan, 213 Mich App at 141-142 ; Simmons, 140 Mich App at 685 . | 2 | 4 |
People v. Smithgreen2 sentences1975See People v Smith, 52 Mich App 731, 736 ; 218 NW2d 151 (1974), where the Court said: "Furthermore, we hold that defendant’s affidavit, standing alone, is insufficient to require us to remand this case for an evidentiary hearing on this alleged promise of leniency.” "However, this plea is being offered this morning in response to a representation made by the Prosecution through Mr. Gilman to the effect that the Prosecution intended to add the present defendant, Gould, as a witness for the Prosecution as a res gestae witness. 1975See People v Smith, 52 Mich App 731, 736 ; 218 NW2d 151 (1974), where the Court said: "Furthermore, we hold that defendant’s affidavit, standing alone, is insufficient to require us to remand this case for an evidentiary hearing on this alleged promise of leniency.” "However, this plea is being offered this morning in response to a representation made by the Prosecution through Mr. Gilman to the effect that the Prosecution intended to add the present defendant, Gould, as a witness for the Prosecution as a res gestae witness. | 1 | 2 |
People v. Woolfolkgreen1 sentence2025See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Ginther
green
2 sentences2022This Court retained jurisdiction and remanded this case for an evidentiary hearing because the record lacked clarity regarding whether defense counsel’s “decisions constituted 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- reasonable professional judgment given the facts of the case and counsel’s strategy and options.”2 On remand, the trial court held an evidentiary hearing after which it ruled that defendant had not been denied his constitutional right to effective assistance of counsel and denied defendant’s motion for a new trial. 2022This Court retained jurisdiction and remanded this case for an evidentiary hearing because the record lacked clarity regarding whether defense counsel’s “decisions constituted 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- reasonable professional judgment given the facts of the case and counsel’s strategy and options.”2 On remand, the trial court held an evidentiary hearing after which it ruled that defendant had not been denied his constitutional right to effective assistance of counsel and denied defendant’s motion for a new trial. | 2 | 2016–2022 |
People v. Simmons
green
2 sentences2018McMillan, 213 Mich App at 141-142 ; Simmons, 140 Mich App at 685 . 2018McMillan, 213 Mich App at 141-142 ; Simmons, 140 Mich App at 685 . | 2 | 2018–2018 |
People v. Jackson
neutral
2 sentences2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary 2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary | 2 | 2018–2018 |
People v. Murphy
green
2 sentences2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary 2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary | 2 | 2018–2018 |
In Re Forfeiture of $180,975.00
green
2 sentences2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary 2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary | 2 | 2018–2018 |
People v. Jackson
neutral
2 sentences2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary 2018Despite the lack of an offer of proof, defendant relies on our Supreme Court’s ruling in People v Jackson, 477 Mich 1019, 1019 ; 726 NW2d 727 (2007), wherein our Supreme Court remanded the defendant’s case for a new trial and ordered that “[u]pon retrial, the defendant must be afforded the opportunity to introduce testimony that the complainant has previously been induced by his father to make false allegations of sexual abuse against other persons disliked by the father.” (Citing MRE 404(b).) In Jackson, 477 Mich at 1019 , our Supreme Court had previously remanded the case for an evidentiary | 2 | 2018–2018 |
Smith v. Khouri
green
2 sentences2017We hold that the appropriate course of action is to remand the case for an evidentiary hearing in order for the trial court to determine the proper amount of attorney fees to which Allstate is entitled pursuant to MCR 2.403(O)(6)(b) and the factors cited in Smith, 481 Mich 519 , and its published progeny. 2017We hold that the appropriate course of action is to remand the case for an evidentiary hearing in order for the trial court to determine the proper amount of attorney fees to which Allstate is entitled pursuant to MCR 2.403(O)(6)(b) and the factors cited in Smith, 481 Mich 519 , and its published progeny. | 2 | 2017–2017 |
People v. Chester Davis
neutral
2 sentences1974People v Chester Davis, 41 Mich App 224 ; 200 NW2d 109 (1972), leave den, 388 Mich 781 (1972). 1974People v Chester Davis, 41 Mich App 224 ; 200 NW2d 109 (1972), leave den, 388 Mich 781 (1972). | 2 | 1974–1974 |
Hawker v. Northern Michigan Hospital, Inc
neutral
2 sentences2022There is an exception for evidence that shows additional reasons why remanding the case for an evidentiary hearing would be a “useless waste of judicial time.” Hawker v Northern Mich Hosp, Inc, 164 Mich App 314, 318 ; 416 NW2d 428 (1987). 2022There is an exception for evidence that shows additional reasons why remanding the case for an evidentiary hearing would be a “useless waste of judicial time.” Hawker v Northern Mich Hosp, Inc, 164 Mich App 314, 318 ; 416 NW2d 428 (1987). | 1 | 2022–2022 |
People v. LeBlanc
green
2 sentences2016“Whether a person has been denied effective assistance of counsel is a mixed question of fact and constitutional law.” People v LeBlanc, 465 Mich 575, 579 ; 640 NW2d 246 (2002). 2016“Whether a person has been denied effective assistance of counsel is a mixed question of fact and constitutional law.” People v LeBlanc, 465 Mich 575, 579 ; 640 NW2d 246 (2002). | 1 | 2016–2016 |
People v. Nix
green
2 sentences2015People v Nix, 301 Mich App 195, 207 ; 836 NW2d 224 (2013); People v Armisted, 295 Mich App 32, 46 ; 811 NW2d 47 (2011). 2015People v Nix, 301 Mich App 195, 207 ; 836 NW2d 224 (2013); People v Armisted, 295 Mich App 32, 46 ; 811 NW2d 47 (2011). | 1 | 2015–2015 |
People v. Armisted
green
2 sentences2015People v Nix, 301 Mich App 195, 207 ; 836 NW2d 224 (2013); People v Armisted, 295 Mich App 32, 46 ; 811 NW2d 47 (2011). 2015People v Nix, 301 Mich App 195, 207 ; 836 NW2d 224 (2013); People v Armisted, 295 Mich App 32, 46 ; 811 NW2d 47 (2011). | 1 | 2015–2015 |
People v. Jordan
green
2 sentences2015Jordan, 275 Mich App at 667 . 2015Jordan, 275 Mich App at 667 . | 1 | 2015–2015 |
People v. Pearson
green
1 sentence1996We also decline defendant’s invitation to remand this case for an evidentiary hearing pursuant to Pearson, supra. On the morning of sentencing, defendant informed his counsel and the trial court of the existence of an eyewitness to the robbery and shooting that could allegedly substantiate his innocence. | 1 | 1996–1996 |
People v. LaClear
neutral
2 sentences1993It relied upon People v LaClear, 196 Mich App 537 ; 494 NW2d 11 (1992), 6 in which the Court of Appeals observed that the issue of entrapment is not waived by a plea of guilty. 7 The prosecutor applies to this Court for leave to appeal. 1993It relied upon People v LaClear, 196 Mich App 537 ; 494 NW2d 11 (1992), 6 in which the Court of Appeals observed that the issue of entrapment is not waived by a plea of guilty. 7 The prosecutor applies to this Court for leave to appeal. | 1 | 1993–1993 |
People v. Douglas
green
2 sentences1985As stated in People v Douglas, 122 Mich App 526, 530 ; 332 NW2d 521 (1983): "[To remand this case for an evidentiary hearing as requested] would have created a procedure under which a defendant could avoid raising [a search and seizure] issue in the trial court while negotiating a plea-bargaining agreement. 1985As stated in People v Douglas, 122 Mich App 526, 530 ; 332 NW2d 521 (1983): "[To remand this case for an evidentiary hearing as requested] would have created a procedure under which a defendant could avoid raising [a search and seizure] issue in the trial court while negotiating a plea-bargaining agreement. | 1 | 1985–1985 |
People v. Robinson
green
2 sentences1977We remanded the case for an evidentiary hearing pursuant to People v Robinson, 390 Mich 629 ; 213 NW2d 106 (1973). 1977We remanded the case for an evidentiary hearing pursuant to People v Robinson, 390 Mich 629 ; 213 NW2d 106 (1973). | 1 | 1977–1977 |
People v. Anderson
red
2 sentences1974As authority, People v [Franklin] Anderson, 389 Mich 155 ; 205 NW2d 461 (1973) and People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974) are cited. 1974As authority, People v [Franklin] Anderson, 389 Mich 155 ; 205 NW2d 461 (1973) and People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974) are cited. | 1 | 1974–1974 |
People v. Jackson
green
2 sentences1974As authority, People v [Franklin] Anderson, 389 Mich 155 ; 205 NW2d 461 (1973) and People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974) are cited. 1974As authority, People v [Franklin] Anderson, 389 Mich 155 ; 205 NW2d 461 (1973) and People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974) are cited. | 1 | 1974–1974 |
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.