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18 Michigan opinions name it 2 courts 1979–2026 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.
| Case | Followed | Cited |
|---|---|---|
People v. Heftgreen2 sentences2017See People v Heft, 299 Mich App 69 , 3 MCL 750.81(a)(3) provides as follows: An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not m 2017See People v Heft, 299 Mich App 69 , 3 MCL 750.81(a)(3) provides as follows: An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not m | 2 | 2 |
Scozzari v. City of Claregreen1 sentence2011However, in Scozzari v City of Clare, 723 F Supp 2d 945, 967 (ED Mich, 2010), the federal district court concluded that a police chief was not entitled to absolute immunity under MCL 691.1407(5) from an assault-and-battery claim brought by the estate of a deceased victim of a police shooting because the chief “appears to have been acting in his capacity as an officer on patrol, rather than performing any tasks particular to his position as the ‘highest appointive official.’ ” We find that the Scozzari reasoning best reflects the legislative intent expressed in the words of MCL 691.1407(5). | 1 | 1 |
Ledsinger v. Burmeistergreen2 sentences1992This case is distinguishable from Ledsinger v Burmeister, 114 Mich App 12, 16, 19-21 ; 318 NW2d 558 (1982), because this case does not involve any allegation of explicit racial slurs or unequivocally racially discriminatory conduct involved in that case. *549 Lastly, we address defendant’s cross appeal from the trial court’s refusal to grant summary disposition of the assault and battery claim. 1992This case is distinguishable from Ledsinger v Burmeister, 114 Mich App 12, 16, 19-21 ; 318 NW2d 558 (1982), because this case does not involve any allegation of explicit racial slurs or unequivocally racially discriminatory conduct involved in that case. *549 Lastly, we address defendant’s cross appeal from the trial court’s refusal to grant summary disposition of the assault and battery claim. | 1 | 1 |
People v. Vicunagreen1 sentence1986People v Garcia, 398 Mich 250 ; 247 NW2d 547 (1976); Strickland v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984); People v Vicuna, supra, pp 496-498. | 1 | 1 |
Collins v. United Statesgreen2 sentences1984See Collins v United States, 259 F Supp 363 (ED P, 1966); Gibson v United States, 457 F2d 1391 (CA 3, 1972); and Liuzzo v United States, 508 F Supp 923 (ED Mich, 1981). 1984See Collins v United States, 259 F Supp 363 (ED P, 1966); Gibson v United States, 457 F2d 1391 (CA 3, 1972); and Liuzzo v United States, 508 F Supp 923 (ED Mich, 1981). | 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. Brown
green
2 sentences2017One requires the defendant to act with the specific intent to do great bodily harm less than murder, Brown, 267 Mich App at 147 ; the other is committed without intent to do great bodily harm less than murder. 2017One requires the defendant to act with the specific intent to do great bodily harm less than murder, Brown, 267 Mich App at 147 ; the other is committed without intent to do great bodily harm less than murder. | 2 | 2017–2017 |
Espinoza v. Thomas
green
2 sentences2026“A battery is the wilful and harmful or offensive touching of another person which results from an act intended to cause such a contact.” Espinoza v Thomas, 189 Mich App 110, 119 ; 472 NW2d 16 (1991). 2026“A battery is the wilful and harmful or offensive touching of another person which results from an act intended to cause such a contact.” Espinoza v Thomas, 189 Mich App 110, 119 ; 472 NW2d 16 (1991). | 1 | 2026–2026 |
Moore v. City of Detroit
green
2 sentences2025Moore [v Detroit, 252 Mich App 384, 388 ; 652 NW2d 688 (2002)] (noting that the plaintiff’s confinement or restraint caused by the defendant’s conduct was “momentary and fleeting.”). [Janetsky III, unpub op at 5-6.] 8 With regard to the assault and battery claim, the Court of Appeals majority held: We conclude that plaintiff did not establish a genuine issue of material fact and that the trial court therefore erred by denying defendants’ motion for summary disposition regarding plaintiff’s claim for assault and battery. * * * [P]laintiff did not allege that Boyd actually touched her, but argue 2025Moore [v Detroit, 252 Mich App 384, 388 ; 652 NW2d 688 (2002)] (noting that the plaintiff’s confinement or restraint caused by the defendant’s conduct was “momentary and fleeting.”). [Janetsky III, unpub op at 5-6.] 8 With regard to the assault and battery claim, the Court of Appeals majority held: We conclude that plaintiff did not establish a genuine issue of material fact and that the trial court therefore erred by denying defendants’ motion for summary disposition regarding plaintiff’s claim for assault and battery. * * * [P]laintiff did not allege that Boyd actually touched her, but argue | 1 | 2025–2025 |
People v. Carines
green
1 sentence2023Even assuming that the trial court’s subsequent statement established that the court gave the assault and battery instruction rather than the simple assault instruction, that claim of error would be unpreserved because it was not raised in the trial court, People v Carines, 460 Mich 750, 763 ; 597 NW2d 120 (1999), and defendant cannot establish that this alleged instructional error affected the outcome of the trial.11 10 That instruction provides: (1) The defendant is charged with the crime of assault. | 1 | 2023–2023 |
People v. Dillard
green
1 sentence2019However, Patricia’s belief regarding her son’s intent is irrelevant, and is contrary to her own testimony that defendant intended to twist her arms and shake her until “Lucifer to let go of [her.]” See Hawkins, 245 Mich App at 458 ; Dillard, 303 Mich App at 378 . -4- produces sufficient evidence of the elements of the defense, then the question whether the defendant has asserted a valid defense is for the jury to decide.” People v Kolanek, 491 Mich 382, 411-412 ; 817 NW2d 528 (2012). | 1 | 2019–2019 |
People v. Hawkins
green
1 sentence2019However, Patricia’s belief regarding her son’s intent is irrelevant, and is contrary to her own testimony that defendant intended to twist her arms and shake her until “Lucifer to let go of [her.]” See Hawkins, 245 Mich App at 458 ; Dillard, 303 Mich App at 378 . -4- produces sufficient evidence of the elements of the defense, then the question whether the defendant has asserted a valid defense is for the jury to decide.” People v Kolanek, 491 Mich 382, 411-412 ; 817 NW2d 528 (2012). | 1 | 2019–2019 |
People v. Kolanek; People v. King
green
1 sentence2019However, Patricia’s belief regarding her son’s intent is irrelevant, and is contrary to her own testimony that defendant intended to twist her arms and shake her until “Lucifer to let go of [her.]” See Hawkins, 245 Mich App at 458 ; Dillard, 303 Mich App at 378 . -4- produces sufficient evidence of the elements of the defense, then the question whether the defendant has asserted a valid defense is for the jury to decide.” People v Kolanek, 491 Mich 382, 411-412 ; 817 NW2d 528 (2012). | 1 | 2019–2019 |
People v. Stapf
green
1 sentence2018Id. at 499 . | 1 | 2018–2018 |
Taylor v. Lansing Board of Water & Light
green
2 sentences2014As explained previously, the court asked plaintiffs counsel whether his client was using the FOIA request as a means of obtaining discovery for the Ladach lawsuit and whether plaintiff was seeking disclosure of the citizen’s identity and videorecording in order “to go out and solicit this citizen to file a [42 USC] 1983 action or an assault and battery claim.” But as this Court has made clear, “initial as well as future uses of information requested under FOIA are irrelevant in determining whether the information falls within exemption, as is the identity of the person seeking the information. 2014As explained previously, the court asked plaintiffs counsel whether his client was using the FOIA request as a means of obtaining discovery for the Ladach lawsuit and whether plaintiff was seeking disclosure of the citizen’s identity and videorecording in order “to go out and solicit this citizen to file a [42 USC] 1983 action or an assault and battery claim.” But as this Court has made clear, “initial as well as future uses of information requested under FOIA are irrelevant in determining whether the information falls within exemption, as is the identity of the person seeking the information. | 1 | 2014–2014 |
Vining v. City of Detroit
green
2 sentences1995The trial court declined to reduce the judgment *22 after determining that plaintiffs comparative negligence was not a defense to the assault and battery claim, citing Vining v Detroit, 162 Mich App 720 ; 413 NW2d 486 (1987). 1995The trial court declined to reduce the judgment *22 after determining that plaintiffs comparative negligence was not a defense to the assault and battery claim, citing Vining v Detroit, 162 Mich App 720 ; 413 NW2d 486 (1987). | 1 | 1995–1995 |
Radtke v. Everett
green
2 sentences1993Id. at 357-358 . 1993Id. at 357-358 . | 1 | 1993–1993 |
Strickland v. Washington
green
2 sentences1986People v Garcia, 398 Mich 250 ; 247 NW2d 547 (1976); Strickland v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984); People v Vicuna, supra, pp 496-498. 1986People v Garcia, 398 Mich 250 ; 247 NW2d 547 (1976); Strickland v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984); People v Vicuna, supra, pp 496-498. | 1 | 1986–1986 |
People v. Garcia
green
2 sentences1986People v Garcia, 398 Mich 250 ; 247 NW2d 547 (1976); Strickland v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984); People v Vicuna, supra, pp 496-498. 1986People v Garcia, 398 Mich 250 ; 247 NW2d 547 (1976); Strickland v Washington, 466 US 668 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984); People v Vicuna, supra, pp 496-498. | 1 | 1986–1986 |
People v. Stephens
green
2 sentences1986Because we are unable to determine from this record *499 whether trial defense counsel did request the assault and battery instruction and because appellate counsel’s arguments do raise a question as to the adequacy of defendant’s representation at trial, we find it necessary to remand to the trial court for presentation of these issues. 1 We so find because we are convinced that the instant facts met the requirements for the giving of instructions on a lesser-included misdemeanor as set forth in People v Stephens, 416 Mich 252, 261-265 ; 330 NW2d 675 (1982). 1986Because we are unable to determine from this record *499 whether trial defense counsel did request the assault and battery instruction and because appellate counsel’s arguments do raise a question as to the adequacy of defendant’s representation at trial, we find it necessary to remand to the trial court for presentation of these issues. 1 We so find because we are convinced that the instant facts met the requirements for the giving of instructions on a lesser-included misdemeanor as set forth in People v Stephens, 416 Mich 252, 261-265 ; 330 NW2d 675 (1982). | 1 | 1986–1986 |
Liuzzo v. United States
green
2 sentences1984See Collins v United States, 259 F Supp 363 (ED P, 1966); Gibson v United States, 457 F2d 1391 (CA 3, 1972); and Liuzzo v United States, 508 F Supp 923 (ED Mich, 1981). 1984See Collins v United States, 259 F Supp 363 (ED P, 1966); Gibson v United States, 457 F2d 1391 (CA 3, 1972); and Liuzzo v United States, 508 F Supp 923 (ED Mich, 1981). | 1 | 1984–1984 |
Berlin v. Snyder
green
1 sentence1980In addition, under the standard of review established in Berlin, supra, the omission of an assault and battery instruction inescapably leads to the conclusion that the jury was not instructed on the applicable law. | 1 | 1980–1980 |
People v. Chamblis
green
2 sentences1979Nevertheless, we will not reverse on this ground, because under the rule announced in People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), 2 an assault and battery instruction could not be given on retrial. 1979Nevertheless, we will not reverse on this ground, because under the rule announced in People v Chamblis, 395 Mich 408, 429 ; 236 NW2d 473 (1975), 2 an assault and battery instruction could not be given on retrial. | 1 | 1979–1979 |
People v. Herbert Ross
green
2 sentences1979People v Herbert Ross, 73 Mich App 588 ; 252 NW2d 526 (1977). 1979People v Herbert Ross, 73 Mich App 588 ; 252 NW2d 526 (1977). | 1 | 1979–1979 |
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.