futile challenge (Michigan) · Go Syfert
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futile challenge in Michigan

20 Michigan opinions name it 1 courts 1985–2023 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.

Followed or applied (7)

CaseFollowedCited
People v. Ericksengreen
michctapp · 2010 · cited in 6 Michigan opinions naming this issue, 2015–2021
2 sentences

2021See Ericksen, 288 Mich App at 201 .

2018See Ericksen, 288 Mich App at 201 .

46
Reetz v. Kinsman Marine Transit Co.green
mich · 1982 · cited in 4 Michigan opinions naming this issue, 1985–2017
2 sentences

2017See id. at 101-102 (explaining that “incurable errors are not shielded from appellate review because an attorney fails to request what in that case would be a futile instruction.

2017See id. at 101-102 (explaining that “incurable errors are not shielded from appellate review because an attorney fails to request what in that case would be a futile instruction.

24
Lewandowski v. NUCLEAR MANAGEMENT CO., LLCgreen
michctapp · 2006 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017See Lewandowski, 272 Mich App at 126-127 . -6- Although plaintiffs have not shown an ownership interest in the 9-foot strip, plaintiffs are undoubtedly riparian owners on Walled Lake.

2017See Lewandowski, 272 Mich App at 126-127 . -6- Although plaintiffs have not shown an ownership interest in the 9-foot strip, plaintiffs are undoubtedly riparian owners on Walled Lake.

22
In re Martingreen
michctapp · 2016 · cited in 1 Michigan opinions naming this issue, 2023–2023
2 sentences

2023See In re Martin. 316 Mich App 73, 86 ; 896 NW2d 452 (2016) (stating that a lawyer’s failure to raise a futile challenge is not ineffective assistance of counsel).3 Further, although respondent argues that the failure to appeal the removal rendered his lawyer’s arguments at the adjudication trial “moot,” the record does not support that assertion.

2023See In re Martin. 316 Mich App 73, 86 ; 896 NW2d 452 (2016) (stating that a lawyer’s failure to raise a futile challenge is not ineffective assistance of counsel).3 Further, although respondent argues that the failure to appeal the removal rendered his lawyer’s arguments at the adjudication trial “moot,” the record does not support that assertion.

11
Wormsbacher v. Phillip R Seaver Title Co.green
michctapp · 2009 · cited in 1 Michigan opinions naming this issue, 2022–2022
1 sentence

2022See Wormsbacher, 284 Mich App at 8 .

11
People v. Browngreen
michctapp · 2008 · cited in 1 Michigan opinions naming this issue, 2020–2020
1 sentence

2020See Brown, 279 Mich App at 142 .

11
People v. Thomasgreen
michctapp · 2004 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015See People v Thomas, 260 Mich App 450, 457 ; 678 NW2d 631 (2004). -7- Next, defendant argued that counsel was ineffective for failing to move to suppress statements that defendant made, allegedly in violation of his Miranda rights.5 However, defendant does not explain which statements he believes were made in violation of his Miranda rights.

2015See People v Thomas, 260 Mich App 450, 457 ; 678 NW2d 631 (2004). -7- Next, defendant argued that counsel was ineffective for failing to move to suppress statements that defendant made, allegedly in violation of his Miranda rights.5 However, defendant does not explain which statements he believes were made in violation of his Miranda rights.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
People v. Gist green
michctapp · 1991
2 sentences

2018Defense counsel is not ineffective for failing to raise a futile challenge, Gist, 188 Mich App at 613 , and any challenge to the lawfulness of defendant’s detention would have been meritless.

2018Defense counsel is not ineffective for failing to raise a futile challenge, Gist, 188 Mich App at 613 , and any challenge to the lawfulness of defendant’s detention would have been meritless.

22018–2018
Jawad a Shah Md Pc v. State Farm Mutual Automobile Insurance Co green
michctapp · 2018
1 sentence

2020Again, on June 23, 2017, in light of the one-year-back rule, Conley did not possess the right to pursue benefits for services provided in June 2015, see Shah, 324 Mich App at 204-205 ; and it follows that a claim to proceed as Conley’s agent in pursuit of claims she does not possess would be futile.5 Moreover, given that the agency agreement was signed after the filing of the original complaint, it is not an event that relates back to the original pleading; rather it would require filing a supplemental pleading that does not relate back.

12020–2020
Moody v. Home Owners Insurance green
michctapp · 2014
1 sentence

2014As we noted in Moody, 304 Mich App at 444 , “incurable errors are not shielded from appellate review because an attorney fails to request what in that case would be a futile instruction.” (Citation and quotation marks omitted).

12014–2014

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.479a (3) MI § Mich. Comp. Laws § 750.81d (3) MI § Mich. Comp. Laws § 769.12 (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 20 (1985–2023) OR 5 (2022–2026) TX 4 (2005–2015) WA 4 (1970–2023) NV 4 (2016–2017) PA 3 (1986–2015) CT 2 (1991–2006) CA 2 (2018–2018)

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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