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22 Michigan opinions name it 2 courts 1973–2022 7 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. Lemmongreen2 sentences2015As the Supreme Court stated in People v Lemmon, 456 Mich 625, 634-636 , 576 NW2d 129, 133-34 (1998): Under statute, as well as the court rule, the operative principles regarding new trial motions are that the court “may,” in the “interest of justice” or to prevent a “miscarriage of justice,” grant the defendant’s motion for a new trial. . . . [I]n addition to preventing injustice, a new trial may be granted if the verdict is against the great weight of the evidence. . . . [However,] a judge may not repudiate a jury verdict on the ground that he disbelieves the testimony of witnesses for the pr 2015As the Supreme Court stated in People v Lemmon, 456 Mich 625, 634-636 , 576 NW2d 129, 133-34 (1998): Under statute, as well as the court rule, the operative principles regarding new trial motions are that the court “may,” in the “interest of justice” or to prevent a “miscarriage of justice,” grant the defendant’s motion for a new trial. . . . [I]n addition to preventing injustice, a new trial may be granted if the verdict is against the great weight of the evidence. . . . [However,] a judge may not repudiate a jury verdict on the ground that he disbelieves the testimony of witnesses for the pr | 1 | 1 |
Iowa v. Tovargreen2 sentences2004See Iowa v. Tovar, supra, ___ U.S. at ___, 124 S.Ct. at 1387-1388 , 158 L.Ed.2d at 220-221 (requiring that a defendant "must be warned specifically of the hazards ahead" and that those warnings surrounding waiver of counsel at trial be " rigorous[ly] conveyed ")(emphasis added; citation omitted). [28] In this instance, the trial court should have simply denied defendant's request to appoint another counsel and continued with the proceedings. 2004See Iowa v. Tovar, supra, ___ U.S. at ___, 124 S.Ct. at 1387-1388 , 158 L.Ed.2d at 220-221 (requiring that a defendant "must be warned specifically of the hazards ahead" and that those warnings surrounding waiver of counsel at trial be " rigorous[ly] conveyed ")(emphasis added; citation omitted). [28] In this instance, the trial court should have simply denied defendant's request to appoint another counsel and continued with the proceedings. | 1 | 1 |
People v. Robinsongreen1 sentence1973Chapman v California, 386 US 18 ; 87 S Ct 824 ; 17 L Ed 2d 705 (1967); People v Robinson, 386 Mich 551, 563 (1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tarlea v. Crabtree
green
2 sentences2022Even the most exacting standard of conduct, the negligence standard, does not require one to exhaust every conceivable precaution to be considered not negligent.” Id. 2021Even the most exacting standard of conduct, the negligence standard, does not require one to exhaust every conceivable precaution to be considered not negligent. [Tarlea v Crabtree, 263 Mich App 80, 90 ; 687 NW2d 333 (2004) (comparing the gross-negligence and negligence standards).] Here, plaintiff has simply presented no evidence of negligence. | 6 | 2015–2022 |
Coblentz v. City of Novi
green
2 sentences2022Therefore, “[t]he Legislature chose not to require an exacting standard in MCL 15.233(1).” Coblentz v Novi, 475 Mich 558, 572 ; 719 NW2d 73 (2006). 2022Therefore, “[t]he Legislature chose not to require an exacting standard in MCL 15.233(1).” Coblentz v Novi, 475 Mich 558, 572 ; 719 NW2d 73 (2006). | 4 | 2018–2022 |
People v. Russell
green
2 sentences2022However, “an effective waiver of trial counsel requires a more exacting waiver than that required to waive counsel at pretrial stages of the proceedings.” Russell, 471 Mich at 193 n 27 (emphasis in original). 2022However, “an effective waiver of trial counsel requires a more exacting waiver than that required to waive counsel at pretrial stages of the proceedings.” Russell, 471 Mich at 193 n 27 (emphasis in original). | 3 | 2022–2022 |
Capitol Information Ass'n v. Ann Arbor Police Department
green
2 sentences2022With respect to item 5 of the June 2020 requests, because plaintiff did not specify a particular subject matter, it appears he was seeking information on all topics, and contrary to defendants’ argument, the request was not “absurdly overbroad.” Cf. Capitol Info Ass’n v Ann Arbor Police, 138 Mich App 655, 658 ; 360 NW2d 262 (1984) (concluding that the plaintiff’s request was “absurdly overbroad” because it would require the defendants to “search their files for correspondence with a wide spectrum of federal agencies dealing with any of more than 100,000 persons during an extensive period of ti 2022With respect to item 5 of the June 2020 requests, because plaintiff did not specify a particular subject matter, it appears he was seeking information on all topics, and contrary to defendants’ argument, the request was not “absurdly overbroad.” Cf. Capitol Info Ass’n v Ann Arbor Police, 138 Mich App 655, 658 ; 360 NW2d 262 (1984) (concluding that the plaintiff’s request was “absurdly overbroad” because it would require the defendants to “search their files for correspondence with a wide spectrum of federal agencies dealing with any of more than 100,000 persons during an extensive period of ti | 2 | 2022–2022 |
Burnett v. City of Adrian
green
1 sentence2019Even the most exacting standard of conduct, the negligence standard, does not require one to exhaust every conceivable precaution to be considered not negligent.” Id. | 1 | 2019–2019 |
Dunn v. Blumstein
green
2 sentences2007Dunn v Blumstein, 405 US 330, 337 ; 92 S Ct 995 ; 31 L Ed 2d 274 (1972). 2007Dunn v Blumstein, 405 US 330, 337 ; 92 S Ct 995 ; 31 L Ed 2d 274 (1972). | 1 | 2007–2007 |
People v. Mateo
green
1 sentence1998As we have explained, the highly probable test is a less exacting standard than the harmless beyond a reasonable doubt test, which is a less exacting standard than a rule of automatic reversal. [9] This Court held in Mateo, supra at 206 , 551 N.W.2d 891 , that M.C.L. § 769.26; M.S.A. § 28.1096 does not impinge on this Court's authority to determine practice and procedure and does not require a literal definition of miscarriage of justice. | 1 | 1998–1998 |
Arndt v. Kasem
green
2 sentences1995Cognizant of our duty and this exacting standard of review, we are nonetheless unwilling to continue to subscribe to the apparent holding of Arndt v Kasem, 135 Mich App 252 ; 353 NW2d 497 (1984), which provides that a court should not order a change in child custody where the parties are equal or nearly equal on the statutory best interest factors. 1995Cognizant of our duty and this exacting standard of review, we are nonetheless unwilling to continue to subscribe to the apparent holding of Arndt v Kasem, 135 Mich App 252 ; 353 NW2d 497 (1984), which provides that a court should not order a change in child custody where the parties are equal or nearly equal on the statutory best interest factors. | 1 | 1995–1995 |
Schneider v. Pomerville
green
1 sentence1979The majority in Garcia did not contradict Justice Levin’s interpretation of his opinion in Jackson . 1 The rationale for a more exacting standard of review in bench cases than in jury cases enunciated in the civil context, that a jury is more likely to be right than a judge alone, Schneider v Pomerville, supra, applies with equal force to criminal cases. | 1 | 1979–1979 |
Manistee Bank & Trust Co. v. McGowan
green
2 sentences1979Manistee Bank & Trust Co v McGowan, 394 Mich 655, 669-670 ; 232 NW2d 636 (1975). *207 We decline plaintiffs advocation to adopt the more stringent approach. 1979Manistee Bank & Trust Co v McGowan, 394 Mich 655, 669-670 ; 232 NW2d 636 (1975). *207 We decline plaintiffs advocation to adopt the more stringent approach. | 1 | 1979–1979 |
Chapman v. California
red
2 sentences1973Chapman v California, 386 US 18 ; 87 S Ct 824 ; 17 L Ed 2d 705 (1967); People v Robinson, 386 Mich 551, 563 (1972). 1973Chapman v California, 386 US 18 ; 87 S Ct 824 ; 17 L Ed 2d 705 (1967); People v Robinson, 386 Mich 551, 563 (1972). | 1 | 1973–1973 |
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.