20 Michigan opinions name it 1 courts 1985–2026 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. Lawtongreen2 sentences2026Under the doctrine of transferred intent, “it is only necessary that the state of mind exist, not that it be directed at a particular person.” People v Lawton, 196 Mich App 341, 351 ; 492 NW2d 810 (1992) (cleaned up). 2026Under the doctrine of transferred intent, “it is only necessary that the state of mind exist, not that it be directed at a particular person.” People v Lawton, 196 Mich App 341, 351 ; 492 NW2d 810 (1992) (cleaned up). | 1 | 5 |
People v. Lovettgreen2 sentences2016According to the doctrine of transferred intent, “ ‘where A aims at B with intent to injure B but, missing B, hits and injures C, A is guilty of battery of C.’ ” People v Lovett, 90 Mich App 169, 171 ; 283 NW2d 357 (1979) (citation omitted). 2016According to the doctrine of transferred intent, “ ‘where A aims at B with intent to injure B but, missing B, hits and injures C, A is guilty of battery of C.’ ” People v Lovett, 90 Mich App 169, 171 ; 283 NW2d 357 (1979) (citation omitted). | 1 | 4 |
People v. Plummergreen2 sentences2024See People v Plummer, 229 Mich App 293 , 304 n 2; 581 NW2d 753 (1998) (“Under the doctrine of transferred intent, where A aims at B, intending to kill him, but misses and hits C, killing her, A is held guilty of the murder of C.”). 2024See People v Plummer, 229 Mich App 293 , 304 n 2; 581 NW2d 753 (1998) (“Under the doctrine of transferred intent, where A aims at B, intending to kill him, but misses and hits C, killing her, A is held guilty of the murder of C.”). | 1 | 2 |
People v. Rahergreen2 sentences2016See People v Raher, 92 Mich 165, 166 ; 52 NW 625 (1892) (holding that the act of shooting into a crowd with the intent 1 The transferred-intent instruction was given as part of the instructions on first-degree murder, but the prosecutor also included a transferred-intent theory as part of his closing argument relating to the assault charge. -3- to harm anyone in the crowd, although no intended victim was specifically identified, is itself sufficient to establish the intent to do great bodily harm because “[i]t has been held that where a prisoner fired a gun in the direction of a crowd he was g 2016See People v Raher, 92 Mich 165, 166 ; 52 NW 625 (1892) (holding that the act of shooting into a crowd with the intent 1 The transferred-intent instruction was given as part of the instructions on first-degree murder, but the prosecutor also included a transferred-intent theory as part of his closing argument relating to the assault charge. -3- to harm anyone in the crowd, although no intended victim was specifically identified, is itself sufficient to establish the intent to do great bodily harm because “[i]t has been held that where a prisoner fired a gun in the direction of a crowd he was g | 1 | 1 |
People v. Callongreen1 sentence2015See Abraham, 256 Mich App at 270 . | 1 | 1 |
People v. Tilleygreen1 sentence1998See Tilley, supra at 46 . 2 Under the doctrine of transferred intent, where A aims at B, intending to kill him, but misses and hits C, killing her, A is held guilty of the murder of C. | 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. Youngblood
green
2 sentences2025People v Youngblood, 165 Mich App 381, 388 ; 418 NW2d 472 (1988). 2025People v Youngblood, 165 Mich App 381, 388 ; 418 NW2d 472 (1988). | 6 | 1998–2025 |
People v. Hurse
neutral
2 sentences2021West also asserts that, because there was no evidence that he intended to kill Bacon, there was no intent to transfer to Bills. “[T]he doctrine of transferred intent . . . provides: ‘Where one intends to assault a certain person, but by mistake or accident assaults a different person, the crime so committed, if any, is the same as though the person originally intended to be assaulted had been assaulted.’ ” People v Hurse, 152 Mich App 811, 813 ; 394 NW2d 119 (1986), quoting CJI 17:1:05. 2021West also asserts that, because there was no evidence that he intended to kill Bacon, there was no intent to transfer to Bills. “[T]he doctrine of transferred intent . . . provides: ‘Where one intends to assault a certain person, but by mistake or accident assaults a different person, the crime so committed, if any, is the same as though the person originally intended to be assaulted had been assaulted.’ ” People v Hurse, 152 Mich App 811, 813 ; 394 NW2d 119 (1986), quoting CJI 17:1:05. | 5 | 2018–2026 |
People v. Kowalski
green
1 sentence2025Therefore, the trial court did not err when it determined that the transferred intent instruction was appropriate, and we conclude that such an instruction “fairly presented the issues to be tried and adequately protected the defendant’s rights.” See Kowalski, 489 Mich at 501-502 . | 1 | 2025–2025 |
People v. Brown
green
1 sentence2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable | 1 | 2024–2024 |
People v. Ericksen
green
2 sentences2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable 2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable | 1 | 2024–2024 |
People v. Brown
green
1 sentence2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable | 1 | 2024–2024 |
People v. Starks
green
2 sentences2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable 2024And absent an assault, there was insufficient evidence to convict defendant of AWIM in connection with JJ even under the doctrine of transferred intent.10 “The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Ericksen, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005).11 “An assault may be established by showing either an attempt to commit a battery or an unlawful act that places another in reasonable | 1 | 2024–2024 |
People v. Nickens
green
2 sentences2024“The first type is referred to as an attempted-battery assault, whereas the second is referred to as an apprehension-type assault.” People v Nickens, 470 Mich 622, 628 ; 685 NW2d 657 (2004) (quotation marks and citation omitted). 2024“The first type is referred to as an attempted-battery assault, whereas the second is referred to as an apprehension-type assault.” People v Nickens, 470 Mich 622, 628 ; 685 NW2d 657 (2004) (quotation marks and citation omitted). | 1 | 2024–2024 |
People v. Grant
green
2 sentences2023It is well-established that an assault is “unlawful act which places another in reasonable apprehension of receiving an immediate battery.” People v Grant, 211 Mich App 200, 202 ; 535 NW2d 581 (1995) (quotation marks and citation omitted). 2023It is well-established that an assault is “unlawful act which places another in reasonable apprehension of receiving an immediate battery.” People v Grant, 211 Mich App 200, 202 ; 535 NW2d 581 (1995) (quotation marks and citation omitted). | 1 | 2023–2023 |
People v. Cornell
green
2 sentences2023The jury’s note during deliberations suggests that the jury did so, and at a minimum, even assuming that the error was nonconstitutional, the defendant is entitled to a new trial because the error “undermined reliability in the verdict.” People v Cornell, 466 Mich 335, 364 ; 646 NW2d 127 (2002). 2023The jury’s note during deliberations suggests that the jury did so, and at a minimum, even assuming that the error was nonconstitutional, the defendant is entitled to a new trial because the error “undermined reliability in the verdict.” People v Cornell, 466 Mich 335, 364 ; 646 NW2d 127 (2002). | 1 | 2023–2023 |
People v. Abraham
green
2 sentences2015People v Abraham, 234 Mich App 640, 658 ; 599 NW2d 736 (1999). 2015People v Abraham, 234 Mich App 640, 658 ; 599 NW2d 736 (1999). | 1 | 2015–2015 |
People v. Sanford
green
1 sentence1985Sanford, supra. Further, under the doctrine of transferred intent, the law would transfer defendant’s intent to place the child in fear of a battery to the complainant. | 1 | 1985–1985 |
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.