defendant must raise claim (Michigan) · Go Syfert
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defendant must raise claim in Michigan

19 Michigan opinions name it 1 courts 2015–2026 11 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 (1)

CaseFollowedCited
People v. Bowlinggreen
michctapp · 2013 · cited in 7 Michigan opinions naming this issue, 2015–2025
2 sentences

2016A defendant must raise a claim that his sentences are unconstitutionally cruel or unusual in the trial court, People v Bowling, 299 Mich App 552, 557 ; 830 NW2d 800 (2013), and defendant did not do so.

2016A defendant must raise a claim that his sentences are unconstitutionally cruel or unusual in the trial court, People v Bowling, 299 Mich App 552, 557 ; 830 NW2d 800 (2013), and defendant did not do so.

47

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 (8)

CaseCitedYears
People v. Jackson green
michctapp · 2011
2 sentences

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

62015–2021
People v. Jackson (On Reconsideration) green
michctapp · 2015
2 sentences

2026People v Jackson (On Reconsideration), 313 Mich App 409, 431 ; 884 NW2d 297 (2015).

2026People v Jackson (On Reconsideration), 313 Mich App 409, 431 ; 884 NW2d 297 (2015).

32026–2026
People v. Payne green
michctapp · 2009
2 sentences

2026People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). -2- To preserve a claim of ineffective assistance of counsel, a defendant must raise the claim in a motion for a new trial or request for a Ginther1 hearing.

2026People v Payne, 285 Mich App 181, 190 ; 774 NW2d 714 (2009). -2- To preserve a claim of ineffective assistance of counsel, a defendant must raise the claim in a motion for a new trial or request for a Ginther1 hearing.

12026–2026
People v. Clark green
michctapp · 2016
2 sentences

2026This Court is bound by that decision, which remains good law, and defendant is not entitled to resentencing.10 Although sentencing challenges related to the scoring of guidelines or accuracy of information relied on may be raised at sentencing, in a motion for resentencing, or in a motion to remand, in order to preserve them for appeal, People v Clark, 315 Mich App 219, 223 ; 888 NW2d 309 (2016), “[t]o preserve a claim that the defendant’s sentences were unconstitutionally cruel or unusual, the defendant must raise the claim in the trial court,” People v Burkett, 337 Mich App 631 , 635; 976 NW

2026This Court is bound by that decision, which remains good law, and defendant is not entitled to resentencing.10 Although sentencing challenges related to the scoring of guidelines or accuracy of information relied on may be raised at sentencing, in a motion for resentencing, or in a motion to remand, in order to preserve them for appeal, People v Clark, 315 Mich App 219, 223 ; 888 NW2d 309 (2016), “[t]o preserve a claim that the defendant’s sentences were unconstitutionally cruel or unusual, the defendant must raise the claim in the trial court,” People v Burkett, 337 Mich App 631 , 635; 976 NW

12026–2026
People of Michigan v. Dawn Marie Dixon-Bey green
michctapp · 2017
1 sentence

2025Defendant failed to raise the argument in the trial court, leaving the issue unpreserved. “ ‘[T]he standard of review to be applied by appellate courts reviewing a sentence for reasonableness on appeal is abuse of discretion.’ ” Dixon-Bey, 321 Mich App at 520 , quoting People v Steanhouse, 500 Mich 453 , 471; 902 NW2d 327 (2017) (alteration in original).

12025–2025
People v. Eccles green
michctapp · 2004
1 sentence

2025Id. at 385 .

12025–2025
People v. Conley green
michctapp · 2006
2 sentences

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

12015–2015
People v. Sardy green
michctapp · 1996
2 sentences

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

2015Cases that are binding on the Court, because they were decided after November 1, 1990, MCR 7.215(J)(1), such as People v Jackson, 292 Mich App 583, 597 ; 808 NW2d 541 (2011); People v Conley, 270 Mich App 301, 305 ; 715 NW2d 377 (2006); People v Sardy, 216 Mich App 111, 117-118 ; 549 NW2d 23 (1996), indicate that a defendant must raise a claim of judicial partiality before the trial court in order for the issue to be preserved. -4- The record does not reveal any intimidating or manipulating conduct by the trial court.

12015–2015

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.12 (11) MI § Mich. Comp. Laws § 750.227b (5) MI § Mich. Comp. Laws § 750.84 (5) MI § Mich. Comp. Laws § 769.11 (5) MI § Mich. Comp. Laws § 769.34 (5) MI § Mich. Comp. Laws § 750.224f (4) MI § Mich. Comp. Laws § 750.520b (4) MI § Mich. Comp. Laws § 769.10 (4) MI § Mich. Comp. Laws § 750.316 (3) MI § Mich. Comp. Laws § 769.13 (3) MI § Mich. Comp. Laws § 777.34 (3) MI § Mich. Comp. Laws § 777.43 (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

PA 20 (1979–2026) MI 19 (2015–2026) IL 12 (2009–2026) MO 7 (1998–2024) MA 6 (1975–2014) FL 4 (1998–2025) NY 4 (2017–2021) TX 3 (1998–2014) CA 3 (2014–2025) WI 3 (1993–2025) LA 3 (2006–2015) MT 2 (2018–2024) GA 2 (2025–2025) NV 2 (1989–2000)

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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