20 Michigan opinions name it 2 courts 2003–2025 8 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. Bennettgreen2 sentences2023Because the issue of prosecutorial misconduct is unpreserved, this Court reviews the issue under the plain-error standard, Bennett, 290 Mich App at 475-476 , which was set forth earlier. -7- The central question with respect to a claim of prosecutorial misconduct is “whether the defendant was denied a fair and impartial trial.” Bennett, 290 Mich App at 475 (citation omitted). “[T]his Court cannot find error requiring reversal where a curative instruction could have alleviated any prejudicial effect.” Id. at 476 (quotation marks, brackets, and citation omitted). 2023Because the issue of prosecutorial misconduct is unpreserved, this Court reviews the issue under the plain-error standard, Bennett, 290 Mich App at 475-476 , which was set forth earlier. -7- The central question with respect to a claim of prosecutorial misconduct is “whether the defendant was denied a fair and impartial trial.” Bennett, 290 Mich App at 475 (citation omitted). “[T]his Court cannot find error requiring reversal where a curative instruction could have alleviated any prejudicial effect.” Id. at 476 (quotation marks, brackets, and citation omitted). | 1 | 1 |
Total Armored Car Service Inc v. Department of Treasurygreen1 sentence2022See Total Armored Car Serv, 325 Mich App at 412 . | 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. Carines
green
2 sentences2018Even if we consider this issue under the plain-error standard applicable to unpreserved claims, People v Carines, 460 Mich 750, 763 ; 597 NW2d 130 (1999), Rodney and Butler would not be entitled to appellate relief. 2018Even if we consider this issue under the plain-error standard applicable to unpreserved claims, People v Carines, 460 Mich 750, 763 ; 597 NW2d 130 (1999), Rodney and Butler would not be entitled to appellate relief. | 10 | 2003–2024 |
People v. Chelmicki
green
2 sentences2025Id. (quotation marks and citation omitted). 2023“To avoid forfeiture of the issue under the plain error rule, the defendant bears the burden to show that 1) error . . . occurred, 2) the error was plain, i.e., clear or obvious, 3) and the plain error affected substantial rights.” Id. (cleaned up; alteration in original). | 3 | 2019–2025 |
People v. McLaughlin
green
2 sentences2020“To avoid forfeiture of review of this issue under the plain error rule, the defendant must demonstrate that: (1) an error occurred, (2) the error was plain, i.e., clear or obvious, and (3) the plain error affected the defendant’s substantial rights.” Id. 2019“To avoid forfeiture of review of this issue under the plain error rule, the defendant must demonstrate that: (1) an error occurred, (2) the error was plain, i.e., clear or obvious, and (3) the plain error affected the defendant’s substantial rights.” Id. | 3 | 2018–2020 |
In Re Utrera
green
2 sentences2023In re Utrera, 281 Mich App 1, 8-9 ; 761 NW2d 253 (2008). 2023In re Utrera, 281 Mich App 1, 8-9 ; 761 NW2d 253 (2008). | 2 | 2023–2023 |
People v. Callon
green
2 sentences2020Reversal is not required “where a curative instruction could have alleviated any prejudicial effect.” People v Callon, 256 Mich App 312, 329-330 ; 662 NW2d 501 (2003). 2020Reversal is not required “where a curative instruction could have alleviated any prejudicial effect.” People v Callon, 256 Mich App 312, 329-330 ; 662 NW2d 501 (2003). | 2 | 2019–2020 |
Batson v. Kentucky
green
2 sentences2018Assuming that Rodney and Butler satisfied the first step of Batson by making a prima facie case of purposeful discrimination, Batson, 476 US at 93-94 , the prosecutor would have had the burden of providing race-neutral explanations for the peremptory challenges. 2018Assuming that Rodney and Butler satisfied the first step of Batson by making a prima facie case of purposeful discrimination, Batson, 476 US at 93-94 , the prosecutor would have had the burden of providing race-neutral explanations for the peremptory challenges. | 2 | 2018–2018 |
People v. Dobek
green
2 sentences2023“A prosecutor’s good-faith effort to admit evidence does not constitute misconduct.” People v Dobek, 274 Mich App 58, 70 ; 732 NW2d 546 (2007). 2023“A prosecutor’s good-faith effort to admit evidence does not constitute misconduct.” People v Dobek, 274 Mich App 58, 70 ; 732 NW2d 546 (2007). | 1 | 2023–2023 |
People v. Cooper
green
1 sentence2019Id. | 1 | 2019–2019 |
People v. Ackerman
green
1 sentence2018Reversal is not warranted when “a curative instruction could have alleviated any prejudicial effect.” Ackerman, 257 Mich App at 449 . | 1 | 2018–2018 |
People v. Legrone
green
1 sentence2016Id. -2- In any event, were we to review this issue under the plain error standard, People v Carines, 460 Mich 750, 763-764 ; 597 NW2d 130 (1999), we would not find that defendant’s substantial rights were affected. | 1 | 2016–2016 |
People v. Loper
green
1 sentence2014The third requirement generally requires a showing of prejudice, i.e., that the error affected the outcome of the lower court proceedings.’ ” Loper, 299 Mich App at 457 , quoting Carines, 460 Mich at 763 . | 1 | 2014–2014 |
People v. Schutte
green
1 sentence2003Id., citing People v Carines, 460 Mich 750, 763-764 ; 597 NW2d 130 (1999). | 1 | 2003–2003 |
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.