Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
18 Michigan opinions name it 2 courts 2005–2024 5 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 |
|---|---|---|
Trentadue v. Buckler Automatic Lawn Sprinkler Companygreen2 sentences2021Even under the common-law discovery rule—which as the majority observes was codified in MCL 600.5838a—we stated that “[t]he limitation statute or statutes in malpractice cases do not start to run until the date of discovery, or the date when, by the exercise of reasonable care, plaintiff should have discovered the wrongful act.” Johnson v Caldwell, 371 Mich 368, 379 ; 123 NW2d 785 (1963), overruled by Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378, 393 (2007). 2021Even under the common-law discovery rule—which as the majority observes was codified in MCL 600.5838a—we stated that “[t]he limitation statute or statutes in malpractice cases do not start to run until the date of discovery, or the date when, by the exercise of reasonable care, plaintiff should have discovered the wrongful act.” Johnson v Caldwell, 371 Mich 368, 379 ; 123 NW2d 785 (1963), overruled by Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378, 393 (2007). | 2 | 2 |
People v. Smithgreen1 sentence2024Id. at 477 (quotation marks and citation omitted). | 1 | 1 |
United States v. Martingreen2 sentences2015As we emphasize above, a prosecutor need not correct every instance of mistaken or inaccurate testimony, Martin, 59 F3d at 770 , nor must he or she “play the role of defense counsel, and ferret out ambiguities in [the] witness’s responses on cross-examination,” Harris, 498 F2d at 1169. 2015See United States v Martin, 59 F3d 767, 770 (CA 8, 1995) (noting that the prosecutor need not correct every instance of mistaken or inaccurate testimony); Harris, 498 F2d at 1169 (stating the prosecutor need not “play the role of defense counsel, and ferret out ambiguities in his witness’ responses on cross-examination”). | 1 | 1 |
Eric Jenkins, Petitioner-Appellee-Cross-Appellant v. Christopher Artuz, Superintendent, Respondent-Appellant-Cross-Appelleegreen1 sentence2015However, when it should be obvious to the Government that the witness’ answer, although made in good faith, is untrue, the Government’s obligation to correct that statement is as compelling as it is in a situation where the Government knows that the witness is intentionally committing perjury. [United States v Harris, 498 F2d 1164, 1169 (CA 3, 1974).][6] 6 See also Jenkins, 294 F3d at 296 (“[W]hile [the prosecutor’s] questions elicited technically correct answers, . . . they left the jury with the mistaken impression that no plea agreement existed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Johnson v. Caldwellred2 sentences2021Even under the common-law discovery rule—which as the majority observes was codified in MCL 600.5838a—we stated that “[t]he limitation statute or statutes in malpractice cases do not start to run until the date of discovery, or the date when, by the exercise of reasonable care, plaintiff should have discovered the wrongful act.” Johnson v Caldwell, 371 Mich 368, 379 ; 123 NW2d 785 (1963), overruled by Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378, 393 (2007). 2021Even under the common-law discovery rule—which as the majority observes was codified in MCL 600.5838a—we stated that “[t]he limitation statute or statutes in malpractice cases do not start to run until the date of discovery, or the date when, by the exercise of reasonable care, plaintiff should have discovered the wrongful act.” Johnson v Caldwell, 371 Mich 368, 379 ; 123 NW2d 785 (1963), overruled by Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378, 393 (2007). | 2 | 2 |
| Case | Cited | Years |
|---|---|---|
People v. Pickens
green
2 sentences2024The defendant bears the burden of demonstrating both deficient performance and prejudice; the defendant also necessarily bears the burden of establishing the factual predicate for his claim. [People v Cooper, 309 Mich App 74, 80 ; 867 NW2d 452 (2015) (quotation marks, citations, and brackets omitted).] “The role of defense counsel is to choose the best defense for the defendant under the circumstances.” People v Pickens, 446 Mich 298, 325 ; 521 NW2d 797 (1994). 2024The defendant bears the burden of demonstrating both deficient performance and prejudice; the defendant also necessarily bears the burden of establishing the factual predicate for his claim. [People v Cooper, 309 Mich App 74, 80 ; 867 NW2d 452 (2015) (quotation marks, citations, and brackets omitted).] “The role of defense counsel is to choose the best defense for the defendant under the circumstances.” People v Pickens, 446 Mich 298, 325 ; 521 NW2d 797 (1994). | 9 | 2014–2024 |
People v. Unger
green
2 sentences2024Defense counsel has wide discretion in matters of trial strategy because many calculated risks may be necessary in order to win difficult cases.” People v Unger, 278 Mich 210 , 236; 749 NW2d 272 (2008). 2021Defendant has not provided any evidence demonstrating that trial counsel should have pursued a mental status evaluation to assert some type of mental illness 1 We also note that defendant’s flight from the scene supports “an inference of consciousness of guilt[.]” Unger, 278 Mich App at 226 . -4- defense. | 2 | 2021–2024 |
People v. Ginther
green
2 sentences2017Although [the defendant’s standby counsel’s] role expanded as the case continued, he did not play the same role that defense counsel normally would in preparing the strategy 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- for a criminal defense. 2017Although [the defendant’s standby counsel’s] role expanded as the case continued, he did not play the same role that defense counsel normally would in preparing the strategy 1 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- for a criminal defense. | 2 | 2017–2017 |
People v. Cooper
green
2 sentences2024The defendant bears the burden of demonstrating both deficient performance and prejudice; the defendant also necessarily bears the burden of establishing the factual predicate for his claim. [People v Cooper, 309 Mich App 74, 80 ; 867 NW2d 452 (2015) (quotation marks, citations, and brackets omitted).] “The role of defense counsel is to choose the best defense for the defendant under the circumstances.” People v Pickens, 446 Mich 298, 325 ; 521 NW2d 797 (1994). 2024The defendant bears the burden of demonstrating both deficient performance and prejudice; the defendant also necessarily bears the burden of establishing the factual predicate for his claim. [People v Cooper, 309 Mich App 74, 80 ; 867 NW2d 452 (2015) (quotation marks, citations, and brackets omitted).] “The role of defense counsel is to choose the best defense for the defendant under the circumstances.” People v Pickens, 446 Mich 298, 325 ; 521 NW2d 797 (1994). | 1 | 2024–2024 |
McCoy v. Louisiana
green
2 sentences2020Defense counsel must be afforded “broad discretion” in the handling of cases, which often results in “taking the calculated risks which still do sometimes, at least, pluck legal victory out of legal defeat.” [People v Pickens, 446 Mich 298, 324-325 ; 521 NW2d 797 (1994) (citation omitted).] Defendant also relies on McCoy v Louisiana, ___ US ___; 138 S Ct 1500, 1508 ; 200 L Ed 2d 821 (2018), in which the Court stated that “[a]utonomy to decide that the objective of the defense is to assert innocence” is reserved for a defendant. 2020Defense counsel must be afforded “broad discretion” in the handling of cases, which often results in “taking the calculated risks which still do sometimes, at least, pluck legal victory out of legal defeat.” [People v Pickens, 446 Mich 298, 324-325 ; 521 NW2d 797 (1994) (citation omitted).] Defendant also relies on McCoy v Louisiana, ___ US ___; 138 S Ct 1500, 1508 ; 200 L Ed 2d 821 (2018), in which the Court stated that “[a]utonomy to decide that the objective of the defense is to assert innocence” is reserved for a defendant. | 1 | 2020–2020 |
People v. Hunt
neutral
2 sentences2015We reject Quadrell’s argument that the prosecutor’s cross-examination of Kenneth’s investigator had the effect of denigrating the role of defense counsel, as in People v Hunt, 68 Mich App 145, 148 ; 242 NW2d 45 (1976). 2015We reject Quadrell’s argument that the prosecutor’s cross-examination of Kenneth’s investigator had the effect of denigrating the role of defense counsel, as in People v Hunt, 68 Mich App 145, 148 ; 242 NW2d 45 (1976). | 1 | 2015–2015 |
Smith v. Phillips
green
2 sentences2015When all parties to the litigation are aware of the material facts, the adversarial process will separate the wheat from the chaff, leaving all material and pertinent information before the jury. 15 12 United States v Harris, 498 F2d 1164, 1170 (CA 3, 1974). 13 See United States v Martin, 59 F3d 767, 770 (CA 8, 1995) (noting that the prosecutor need not correct every instance of mistaken or inaccurate testimony); Harris, 498 F2d at 1169 (stating the prosecutor need not “play the role of defense counsel, and ferret out ambiguities in his witness’ responses on cross-examination”). 14 Ante at 7, 2015When all parties to the litigation are aware of the material facts, the adversarial process will separate the wheat from the chaff, leaving all material and pertinent information before the jury. 15 12 United States v Harris, 498 F2d 1164, 1170 (CA 3, 1974). 13 See United States v Martin, 59 F3d 767, 770 (CA 8, 1995) (noting that the prosecutor need not correct every instance of mistaken or inaccurate testimony); Harris, 498 F2d at 1169 (stating the prosecutor need not “play the role of defense counsel, and ferret out ambiguities in his witness’ responses on cross-examination”). 14 Ante at 7, | 1 | 2015–2015 |
Marbury v. Madison
green
1 sentence2009Failing to do so results in the political branches’ effectively deciding “what the law is,” Boumediene and Marbury, supra, impinging on the judiciary’s role in violation of the separation of powers. | 1 | 2009–2009 |
People v. Wallin
green
1 sentence2005Dumas, supra; Wallin, supra; Sawicki, supra. And it is the role of defense counsel, through cross-examination of prosecution witnesses and closing argument, to expose potential credibility problems for the jury to consider. | 1 | 2005–2005 |
People v. Sawicki
green
2 sentences2005Dumas, supra; Wallin, supra; Sawicki, supra. And it is the role of defense counsel, through cross-examination of prosecution witnesses and closing argument, to expose potential credibility problems for the jury to consider. 2005Id. | 1 | 2005–2005 |
People v. Dumas
green
1 sentence2005Dumas, supra; Wallin, supra; Sawicki, supra. And it is the role of defense counsel, through cross-examination of prosecution witnesses and closing argument, to expose potential credibility problems for the jury to consider. | 1 | 2005–2005 |
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.