23 Michigan opinions name it 2 courts 1975–2025 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.
| Case | Followed | Cited |
|---|---|---|
People v. Guajardogreen2 sentences2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car 2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car | 2 | 2 |
People v. Mendozagreen2 sentences2023Mendoza, 468 Mich at 540 . 6 When requesting the manslaughter instruction in the trial court, defense counsel did not rely on any evidence, but merely argued that one should be given because the defense should be able to “throw out different theories.” In his brief on appeal, defendant cursorily states that “[a] rational view of the evidence in the instant case would have supported an instruction on voluntary manslaughter,” but he again fails to identify any such evidence. -6- while laying in a bunk on the lower deck of the ship, during which he sustained many defensive wounds and was subseque 2019Because voluntary manslaughter involves provocation that mitigates the malice element of murder, see Mendoza, 468 Mich at 540 , and duress cannot mitigate the malice element of murder, see Reichard, 323 Mich App at 616 , defendant could not rely on evidence that he feared for his life to support a manslaughter instruction. | 1 | 6 |
People v. Lowerygreen1 sentence2025See People v Lowery, 258 Mich App 167, 172-173 ; 673 NW2d 107 (2003). | 1 | 1 |
Keeble v. United Statesgreen2 sentences2024See People v Silver, 466 Mich 386 , 393 n 7; 646 NW2d 150 (2002), quoting Keeble v United States, 412 US 205, 212-213 ; 93 S Ct 1993 ; 36 L Ed 2d 844 (1973) (rejecting as “too facile” the argument that the absence of a lesser-offense instruction was harmless because “the jury would have acquitted defendant if it believed his testimony,” given the reality that, “ ‘[w]here one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction’ ”); see also Silver, 466 Mich at 393 n 7, quoti 2024See People v Silver, 466 Mich 386 , 393 n 7; 646 NW2d 150 (2002), quoting Keeble v United States, 412 US 205, 212-213 ; 93 S Ct 1993 ; 36 L Ed 2d 844 (1973) (rejecting as “too facile” the argument that the absence of a lesser-offense instruction was harmless because “the jury would have acquitted defendant if it believed his testimony,” given the reality that, “ ‘[w]here one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction’ ”); see also Silver, 466 Mich at 393 n 7, quoti | 1 | 1 |
People v. Kinggreen2 sentences2024See People v King, 98 Mich App 146, 152 ; 296 NW2d 211 (1980). 2024See People v King, 98 Mich App 146, 152 ; 296 NW2d 211 (1980). | 1 | 1 |
People v. Silvergreen2 sentences2024See People v Silver, 466 Mich 386 , 393 n 7; 646 NW2d 150 (2002), quoting Keeble v United States, 412 US 205, 212-213 ; 93 S Ct 1993 ; 36 L Ed 2d 844 (1973) (rejecting as “too facile” the argument that the absence of a lesser-offense instruction was harmless because “the jury would have acquitted defendant if it believed his testimony,” given the reality that, “ ‘[w]here one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction’ ”); see also Silver, 466 Mich at 393 n 7, quoti 2024See People v Silver, 466 Mich 386 , 393 n 7; 646 NW2d 150 (2002), quoting Keeble v United States, 412 US 205, 212-213 ; 93 S Ct 1993 ; 36 L Ed 2d 844 (1973) (rejecting as “too facile” the argument that the absence of a lesser-offense instruction was harmless because “the jury would have acquitted defendant if it believed his testimony,” given the reality that, “ ‘[w]here one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction’ ”); see also Silver, 466 Mich at 393 n 7, quoti | 1 | 1 |
People v. Cornellgreen1 sentence2024See Cornell, 466 Mich at 361-362 (stating that the failure to give an instruction on a lesser included offense can be harmless error). | 1 | 1 |
People v. Wilsongreen2 sentences2020See People v Wilson, 265 Mich App 386, 396 ; 695 NW2d 351 (2005) (holding that when the jury is given the option to convict of an intermediate lesser offense and rejected it in favor of the greater offense, the defendant is unable to demonstrate prejudice from the failure to instruct on a lesser offense). 2020See People v Wilson, 265 Mich App 386, 396 ; 695 NW2d 351 (2005) (holding that when the jury is given the option to convict of an intermediate lesser offense and rejected it in favor of the greater offense, the defendant is unable to demonstrate prejudice from the failure to instruct on a lesser offense). | 1 | 1 |
People v. Lukitygreen1 sentence2016See Lukity, 460 Mich at 495-496 ; People v Raper, 222 Mich App 475, 483-484 ; 563 NW2d 709 (1997) (holding that, assuming the trial court erred in failing to give a manslaughter instruction, the error was harmless because the jury’s decision to convict the defendant of first-degree murder rather than second-degree murder “reflected an unwillingness to convict of a lesser included offense such as manslaughter”). | 1 | 1 |
Hanna v. Peoplegreen2 sentences2003See, e.g., Hanna v. People, 19 Mich. 316, 321 (1869)(in consideration of M.C.L. § 768.32's similarly worded predecessor, "without this provision, the common law rule would, under the statute, dividing murder into degrees, have authorized a conviction not only for murder in the second degree, but for manslaughter also, under an indictment for murder in the first degree, all these being felonies included in the charge ")(emphasis added). 2003See, e.g., Hanna v People, 19 Mich 316, 321 (1869) (in consideration of MCL 768.32’s similarly worded predecessor, “without this provision, the common law rule would, under the statute, dividing murder into degrees, have authorized a conviction not only for murder in the second degree, but for manslaughter also, under an indictment for murder in the first degree, all these being felonies included in the charge”) (emphasis added). | 1 | 1 |
People v. Webbgreen2 sentences2003See also People v Webb, 127 Mich 29, 32 ; 86 NW 406 (1901) (“Penal statutes must be strictly construed, and words used are to be given their popular, rather than a technical, meaning.”); Scalia, A Matter of Interpretation (Princeton, N.J.; Princeton University Press, 1997), p 29 (“The rule of lenity is almost as old as the common law itself, so I suppose that is validated by sheer antiquity.”) Its application here would give an accused the opportunity to request an instruction in conformity with defense theories, when supported by the evidence. v As noted, this Court today unanimously affirms 2003See also People v Webb, 127 Mich 29, 32 ; 86 NW 406 (1901) (“Penal statutes must be strictly construed, and words used are to be given their popular, rather than a technical, meaning.”); Scalia, A Matter of Interpretation (Princeton, N.J.; Princeton University Press, 1997), p 29 (“The rule of lenity is almost as old as the common law itself, so I suppose that is validated by sheer antiquity.”) Its application here would give an accused the opportunity to request an instruction in conformity with defense theories, when supported by the evidence. v As noted, this Court today unanimously affirms | 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. Carter
green
2 sentences2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car 2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car | 2 | 2018–2018 |
People v. Lueth
green
2 sentences2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car 2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car | 2 | 2018–2018 |
People v. Pinkney
green
2 sentences2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car 2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car | 2 | 2018–2018 |
People v. Reese
green
2 sentences2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car 2018A. VOLUNTARY MANSLAUGHTER INSTRUCTION “A defendant in a criminal trial is entitled to have a properly instructed jury consider the evidence against him or her.”42 A court is only permitted to instruct on necessarily included lesser offenses, not cognate lesser offenses.43 “[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 40 People v Pinkney, 316 Mich App 450, 470 ; 891 NW2d 891 (2016). 41 People v Car | 2 | 2018–2018 |
People v. Sullivan
green
2 sentences2016Without addressing any entitlement to a manslaughter instruction, “where a defendant is convicted of first-degree murder, and the jury rejects other lesser included offenses, the failure to instruct on voluntary manslaughter is harmless.” Sullivan, 231 Mich App at 520 . 2000For example, in Sullivan, id., this Court “expressly” disavowed CJI2d 16.9(2), a manslaughter instruction, because it misstated Michigan law. | 2 | 2000–2016 |
People v. Fyda
green
2 sentences2025Fyda, 288 Mich App at 450 . 2025Id. | 1 | 2025–2025 |
People v. Lowery
green
1 sentence2025See People v Lowery, 258 Mich App 167, 172-173 ; 673 NW2d 107 (2003). | 1 | 2025–2025 |
People v. Pouncey
green
1 sentence2024Pouncey, 437 Mich at 390 . | 1 | 2024–2024 |
Strickland v. Washington
green
2 sentences2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda 2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda | 1 | 2022–2022 |
People of Michigan v. Christopher Duran Head
green
2 sentences2022People v Head, 323 Mich App 526, 532 ; 917 NW2d 752 (2018). 3 Defendant also argues tangentially that defense counsel’s request for the manslaughter instruction provided him no benefit because conviction of voluntary manslaughter carried a mandatory 25- year sentence under MCL 769.12. 2022People v Head, 323 Mich App 526, 532 ; 917 NW2d 752 (2018). 3 Defendant also argues tangentially that defense counsel’s request for the manslaughter instruction provided him no benefit because conviction of voluntary manslaughter carried a mandatory 25- year sentence under MCL 769.12. | 1 | 2022–2022 |
Roe v. Flores-Ortega
green
2 sentences2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda 2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda | 1 | 2022–2022 |
People v. Frazier
green
2 sentences2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda 2022In People v Frazier, 478 Mich 231, 246 ; 733 NW2d 713 (2007), while reflecting upon Roe v Flores- Ortega, 528 US 470, 478 ; 120 S Ct 1029 ; 145 L Ed 2d 985 (2000), our Supreme Court noted that the United States Supreme Court “stated that when an attorney consults with his client about the consequences of his client’s decision, the attorney’s performance can be considered deficient under the first prong of Strickland [v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984)] only if the attorney fails to follow his client’s express instructions.” In this case, without consulting defenda | 1 | 2022–2022 |
People v. Heft
green
2 sentences2019Defense counsel has wide discretion regarding matters of trial strategy and “[t]his Court will not substitute its judgment for that of defense counsel or review decisions with the benefit of hindsight.” People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012). 2019Defense counsel has wide discretion regarding matters of trial strategy and “[t]his Court will not substitute its judgment for that of defense counsel or review decisions with the benefit of hindsight.” People v Heft, 299 Mich App 69, 83 ; 829 NW2d 266 (2012). | 1 | 2019–2019 |
People of Michigan v. Tiffany Lynn Reichard
neutral
1 sentence2019Because voluntary manslaughter involves provocation that mitigates the malice element of murder, see Mendoza, 468 Mich at 540 , and duress cannot mitigate the malice element of murder, see Reichard, 323 Mich App at 616 , defendant could not rely on evidence that he feared for his life to support a manslaughter instruction. | 1 | 2019–2019 |
People v. Petri
green
1 sentence2019In the affidavit, Lewis avers that he would have wanted the manslaughter instruction if he had known that he “could be convicted of second-degree murder.” Because Lewis’s affidavit is not part of the lower court record, it need not be -9- Mich App 407, 412; 760 NW2d 882 (2008). | 1 | 2019–2019 |
People v. Raper
green
2 sentences2016See Lukity, 460 Mich at 495-496 ; People v Raper, 222 Mich App 475, 483-484 ; 563 NW2d 709 (1997) (holding that, assuming the trial court erred in failing to give a manslaughter instruction, the error was harmless because the jury’s decision to convict the defendant of first-degree murder rather than second-degree murder “reflected an unwillingness to convict of a lesser included offense such as manslaughter”). 2016See Lukity, 460 Mich at 495-496 ; People v Raper, 222 Mich App 475, 483-484 ; 563 NW2d 709 (1997) (holding that, assuming the trial court erred in failing to give a manslaughter instruction, the error was harmless because the jury’s decision to convict the defendant of first-degree murder rather than second-degree murder “reflected an unwillingness to convict of a lesser included offense such as manslaughter”). | 1 | 2016–2016 |
People v. Beach
green
2 sentences1988People v Beach, 429 Mich 450 ; 418 NW2d 861 (1988), makes it quite clear that the judge was not obliged to give a manslaughter instruction. 1988People v Beach, 429 Mich 450 ; 418 NW2d 861 (1988), makes it quite clear that the judge was not obliged to give a manslaughter instruction. | 1 | 1988–1988 |
| People v. Ora Jones red | 1 | 1982–1982 |
| People v. Chamblis green | 1 | 1982–1982 |
People v. John Willie Williams
green
2 sentences1982NOTES [1] People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965). [2] In this case, defendant requested a manslaughter instruction but put forth inappropriate theories to support the charge. [1] 395 Mich 408 ; 236 NW2d 473 (1975). [2] 395 Mich 379 ; 236 NW2d 461 (1975). [3] 40 ALR2d, pp 908, 909; 4 Blackstone, Commentaries (1854), p 29; Perkins On Criminal Law (2d ed), pp 951-959; LaFave & Scott, Criminal Law, § 49, p 377; 21 Am Jur 2d, Criminal Law, § 148, pp 283-284; 22 CJS, Criminal Law, § 44, pp 135-136. [4] People v Hansma, 84 Mich App 138, 145 ; 269 NW2d 504 (1978). [5] 26 Mic 1982NOTES [1] People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965). [2] In this case, defendant requested a manslaughter instruction but put forth inappropriate theories to support the charge. [1] 395 Mich 408 ; 236 NW2d 473 (1975). [2] 395 Mich 379 ; 236 NW2d 461 (1975). [3] 40 ALR2d, pp 908, 909; 4 Blackstone, Commentaries (1854), p 29; Perkins On Criminal Law (2d ed), pp 951-959; LaFave & Scott, Criminal Law, § 49, p 377; 21 Am Jur 2d, Criminal Law, § 148, pp 283-284; 22 CJS, Criminal Law, § 44, pp 135-136. [4] People v Hansma, 84 Mich App 138, 145 ; 269 NW2d 504 (1978). [5] 26 Mic | 1 | 1982–1982 |
People v. Hansma
green
2 sentences1982NOTES [1] People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965). [2] In this case, defendant requested a manslaughter instruction but put forth inappropriate theories to support the charge. [1] 395 Mich 408 ; 236 NW2d 473 (1975). [2] 395 Mich 379 ; 236 NW2d 461 (1975). [3] 40 ALR2d, pp 908, 909; 4 Blackstone, Commentaries (1854), p 29; Perkins On Criminal Law (2d ed), pp 951-959; LaFave & Scott, Criminal Law, § 49, p 377; 21 Am Jur 2d, Criminal Law, § 148, pp 283-284; 22 CJS, Criminal Law, § 44, pp 135-136. [4] People v Hansma, 84 Mich App 138, 145 ; 269 NW2d 504 (1978). [5] 26 Mic 1982NOTES [1] People v Walker (On Rehearing), 374 Mich 331 ; 132 NW2d 87 (1965). [2] In this case, defendant requested a manslaughter instruction but put forth inappropriate theories to support the charge. [1] 395 Mich 408 ; 236 NW2d 473 (1975). [2] 395 Mich 379 ; 236 NW2d 461 (1975). [3] 40 ALR2d, pp 908, 909; 4 Blackstone, Commentaries (1854), p 29; Perkins On Criminal Law (2d ed), pp 951-959; LaFave & Scott, Criminal Law, § 49, p 377; 21 Am Jur 2d, Criminal Law, § 148, pp 283-284; 22 CJS, Criminal Law, § 44, pp 135-136. [4] People v Hansma, 84 Mich App 138, 145 ; 269 NW2d 504 (1978). [5] 26 Mic | 1 | 1982–1982 |
| People v. Walker green | 1 | 1982–1982 |
| People v. Townes green | 1 | 1977–1977 |
| People v. Townsend green | 1 | 1975–1975 |
| People v. Stubenvoll green | 1 | 1975–1975 |
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.