sustained defense in Michigan

2021Despite the defendant’s argument that the Batson issue was a red herring, the court commented that it would not “indulge in . . . race baiting . . . .” Id. at 335 .

2021Despite the defendant’s argument that the Batson issue was a red herring, the court commented that it would not “indulge in . . . race baiting . . . .” Id. at 335 .

2018In Thomas, 260 Mich App at 455 , this Court observed: [A] prosecutor may not vouch for the credibility of his witnesses by implying that he has some special knowledge of their truthfulness.

2018In Thomas, 260 Mich App at 455 , this Court observed: [A] prosecutor may not vouch for the credibility of his witnesses by implying that he has some special knowledge of their truthfulness.

2017People v Powell, 303 Mich App 271, 276-277 ; 842 NW2d 538 (2013).

2017People v Powell, 303 Mich App 271, 276-277 ; 842 NW2d 538 (2013).

2025Id. -2- Regarding damages, plaintiff’s attorney attempted to admit a proposal from Mobility Works regarding the cost of a new van and modifications in 2021, but the trial court sustained defense counsel’s objection.

2023The trial court later instructed the jury not to consider excluded evidence, and the court told the jury to “[m]ake your decision only on the evidence that I let in and nothing else.” Again, “[j]urors are presumed to follow their instructions, and instructions are presumed to cure most errors.” Abraham, 256 Mich App at 279 .

2016The issue of a defendant’s guilt or innocence is a question for the jury to resolve, People v Suchy, 143 Mich App 136, 149 ; 371 NW2d 502 (1985), and a witness may not opine about the defendant’s guilt or innocence in a criminal case, People v Heft, 299 Mich App 69, 81 ; 829 NW2d 266 (2012).

2016The issue of a defendant’s guilt or innocence is a question for the jury to resolve, People v Suchy, 143 Mich App 136, 149 ; 371 NW2d 502 (1985), and a witness may not opine about the defendant’s guilt or innocence in a criminal case, People v Heft, 299 Mich App 69, 81 ; 829 NW2d 266 (2012).

2016The issue of a defendant’s guilt or innocence is a question for the jury to resolve, People v Suchy, 143 Mich App 136, 149 ; 371 NW2d 502 (1985), and a witness may not opine about the defendant’s guilt or innocence in a criminal case, People v Heft, 299 Mich App 69, 81 ; 829 NW2d 266 (2012).

2016The issue of a defendant’s guilt or innocence is a question for the jury to resolve, People v Suchy, 143 Mich App 136, 149 ; 371 NW2d 502 (1985), and a witness may not opine about the defendant’s guilt or innocence in a criminal case, People v Heft, 299 Mich App 69, 81 ; 829 NW2d 266 (2012).

1983In Link v McCoy, 39 Mich App 120, 123 ; 197 NW2d 278 (1972), it was said: "Unless it can be established that the testifying officers are so schooled and experienced that their measure of skill and special knowledge decidedly transcends the capabilities of an average juror, who has been made fully aware of the physical facts, their point of impact opinions should not be received.” The record discloses that Capman had received considerable education in the area of traffic investigation and traffic safety.

1983In Link v McCoy, 39 Mich App 120, 123 ; 197 NW2d 278 (1972), it was said: "Unless it can be established that the testifying officers are so schooled and experienced that their measure of skill and special knowledge decidedly transcends the capabilities of an average juror, who has been made fully aware of the physical facts, their point of impact opinions should not be received.” The record discloses that Capman had received considerable education in the area of traffic investigation and traffic safety.

1978The court sustained defense counsel’s *312 initial objection, then informed the jury that the prosecutor’s remarks were merely his "opinion of the law”, and finally gave instructions on the disposition of the defendant pursuant to Cole, supra. 3 Thus, under the circumstances presented here we do not find the prosecutor’s comments to require reversal.

1974In *467 support of this claim, defendant refers to Perin v Peuler, 373 Mich 531, 541 ; 130 NW2d 4 (1964), and Buscaino v Rhodes, 385 Mich 474, 483 ; 189 NW2d 202 (1971), where the court sustained a rule of the Supreme Court affecting the admissibility of evidence even though the rule conflicted with a statute.

1974In *467 support of this claim, defendant refers to Perin v Peuler, 373 Mich 531, 541 ; 130 NW2d 4 (1964), and Buscaino v Rhodes, 385 Mich 474, 483 ; 189 NW2d 202 (1971), where the court sustained a rule of the Supreme Court affecting the admissibility of evidence even though the rule conflicted with a statute.

1974In *467 support of this claim, defendant refers to Perin v Peuler, 373 Mich 531, 541 ; 130 NW2d 4 (1964), and Buscaino v Rhodes, 385 Mich 474, 483 ; 189 NW2d 202 (1971), where the court sustained a rule of the Supreme Court affecting the admissibility of evidence even though the rule conflicted with a statute.

1974In *467 support of this claim, defendant refers to Perin v Peuler, 373 Mich 531, 541 ; 130 NW2d 4 (1964), and Buscaino v Rhodes, 385 Mich 474, 483 ; 189 NW2d 202 (1971), where the court sustained a rule of the Supreme Court affecting the admissibility of evidence even though the rule conflicted with a statute.

1970Defendant appeals his conviction of second degree murder. * Defendant contends that under Jackson v. Denno (1964), 378 US 368 ( 84 S Ct 1774 ; 12 L Ed 2d 908 ), and People v. Walker (1965), 374 Mich 331 , it was the duty of the judge to determine the issue of voluntariness of his confession, and that it constituted reversible error to submit that issue to the jury.

1970Defendant appeals his conviction of second degree murder. * Defendant contends that under Jackson v. Denno (1964), 378 US 368 ( 84 S Ct 1774 ; 12 L Ed 2d 908 ), and People v. Walker (1965), 374 Mich 331 , it was the duty of the judge to determine the issue of voluntariness of his confession, and that it constituted reversible error to submit that issue to the jury.

1970Defendant appeals his conviction of second degree murder. * Defendant contends that under Jackson v. Denno (1964), 378 US 368 ( 84 S Ct 1774 ; 12 L Ed 2d 908 ), and People v. Walker (1965), 374 Mich 331 , it was the duty of the judge to determine the issue of voluntariness of his confession, and that it constituted reversible error to submit that issue to the jury.

1968Although most of the cases which have considered contributing statutes have sustained their constitutionality (see footnote 20), there is reason to believe such statutes will be more closely scrutinized in the future. 21 In State v. Gallegos (Wyo, 1963), 384 P2d 967 , the court struck down as unconstitutionally vague the portion of the Wyoming contributing statute making it unlawful “to cause, encourage, aid or contribute to the endangering of the child’s health, welfare or morals.” The court sustained the claim that the statute (p 968) “furnishes no standard as to what the endangering of a ch

1968Although most of the cases which have considered contributing statutes have sustained their constitutionality (see footnote 20), there is reason to believe such statutes will be more closely scrutinized in the future. [21] In State v. Gallegos (Wyo, 1963), 384 P2d 967 , the court struck down as unconstitutionally vague the portion of the Wyoming contributing statute making it unlawful "to cause, encourage, aid or contribute to the endangering of the child's health, welfare or morals." The court sustained the claim that the statute (p 968) "furnishes no standard as to what the endangering of a

1949Co., 179 Mich 630 on page 643, in both of which cases the Court sustained the rule set forth in Sines v. Wayne County Superintendents of the Poor, supra. The record shows that plaintiff’s salary was increased from time to time.

1949Co., 179 Mich 630 on page 643, in both of which cases the Court sustained the rule set forth in Sines v. Wayne County Superintendents of the Poor, supra. The record shows that plaintiff’s salary was increased from time to time.

1905In Day v. Buggy Co., 57 Mich. 146 , this court sustained this doctrine, and allowed a recovery upon a quantum meruit for goods actually furnished under a contract ultra vires, but denied a recoupment by defendant under the contract which could not be enforced.

1901U. W. v. Child, 70 Mich. 163 ( 38 N. W. 1 ), the certificate was lost, and the court held that in such a case a statement and proof of such fact, with an application for a change of beneficiary, made to the order during the lifetime of the member, should have been treated as sufficient; and after the member’s death, upon interpleader, the court sustained the claim of the beneficiary designated by will that there was a substantial performance during the life of the member.

1901U. W. v. Child, 70 Mich. 163 ( 38 N. W. 1 ), the certificate was lost, and the court held that in such a case a statement and proof of such fact, with an application for a change of beneficiary, made to the order during the lifetime of the member, should have been treated as sufficient; and after the member’s death, upon interpleader, the court sustained the claim of the beneficiary designated by will that there was a substantial performance during the life of the member.