cited rule in Michigan

2017In People v Collins, [ 388 Mich 680 ; 202 NW2d 769 (1972)], the Court cited the factors to be taken into account in -10- deciding whether a defendant has been deprived of his right to a speedy trial, three of which are relevant here: length of delay, reason for delay and prejudice to the defendant.3 [Footnote added.] This Court cited these three factors in Ortman, 209 Mich App at 255 , as the factors that should be analyzed “in determining whether the probation authorities exercised due diligence in executing the warrant.” The length of the delay in this case is approximately nine years.

2017In People v Collins, [ 388 Mich 680 ; 202 NW2d 769 (1972)], the Court cited the factors to be taken into account in -10- deciding whether a defendant has been deprived of his right to a speedy trial, three of which are relevant here: length of delay, reason for delay and prejudice to the defendant.3 [Footnote added.] This Court cited these three factors in Ortman, 209 Mich App at 255 , as the factors that should be analyzed “in determining whether the probation authorities exercised due diligence in executing the warrant.” The length of the delay in this case is approximately nine years.

2017In People v Collins, [ 388 Mich 680 ; 202 NW2d 769 (1972)], the Court cited the factors to be taken into account in -10- deciding whether a defendant has been deprived of his right to a speedy trial, three of which are relevant here: length of delay, reason for delay and prejudice to the defendant.3 [Footnote added.] This Court cited these three factors in Ortman, 209 Mich App at 255 , as the factors that should be analyzed “in determining whether the probation authorities exercised due diligence in executing the warrant.” The length of the delay in this case is approximately nine years.

2016Defendant also argues that he was prejudiced by the cited instruction because the court failed to instruct the jury that it could find defendant guilty on all, some, or none of the charged crimes in accordance with M Crim JI 3.20. 2 However, the “use of the standard criminal jury instructions is not mandatory and they are not binding authority.” People v Williams, 288 Mich App 67 , 76 n 6; 792 NW2d 384 (2010).

2016Defendant also argues that he was prejudiced by the cited instruction because the court failed to instruct the jury that it could find defendant guilty on all, some, or none of the charged crimes in accordance with M Crim JI 3.20. 2 However, the “use of the standard criminal jury instructions is not mandatory and they are not binding authority.” People v Williams, 288 Mich App 67 , 76 n 6; 792 NW2d 384 (2010).

2013The court cited the factors set forth in Workman v DAIIE, 404 Mich 477 ; 274 NW2d 373 (1979), and Dairyland Ins Co v Auto-Owners Ins Co, 123 Mich App 675 ; 333 NW2d 322 (1983), and concluded that Lorenzo was a resident of Florida because he spent more months during the year in Florida.

2013The court cited the factors set forth in Workman v DAIIE, 404 Mich 477 ; 274 NW2d 373 (1979), and Dairyland Ins Co v Auto-Owners Ins Co, 123 Mich App 675 ; 333 NW2d 322 (1983), and concluded that Lorenzo was a resident of Florida because he spent more months during the year in Florida.

2013The court cited the factors set forth in Workman v DAIIE, 404 Mich 477 ; 274 NW2d 373 (1979), and Dairyland Ins Co v Auto-Owners Ins Co, 123 Mich App 675 ; 333 NW2d 322 (1983), and concluded that Lorenzo was a resident of Florida because he spent more months during the year in Florida.

2013The court cited the factors set forth in Workman v DAIIE, 404 Mich 477 ; 274 NW2d 373 (1979), and Dairyland Ins Co v Auto-Owners Ins Co, 123 Mich App 675 ; 333 NW2d 322 (1983), and concluded that Lorenzo was a resident of Florida because he spent more months during the year in Florida.

2008Id. *44 Here, the trial court articulated its reasons for the departure as follows: [Substantial and compelling cannot be something that merely reiterates or takes into account something that’s already in the guidelines but perhaps in a more aggravating situation.

1998Moreover, in Ottawa Co., supra at 603-604, 401 N.W.2d 869 , this Court decided that the probate court had the authority to set the salaries despite the existence of statutes that, on their face, granted the authority to set the salaries of certain employees to the county.

1998However, in Bay Co., supra at 727, 190 N.W.2d 219 , the Court cited the doctrine of inherent powers of the courts as an independent basis for its decision.

1983The Court cited a rule identified in People v Freedland, 308 Mich 449, 457-458 ; 14 NW2d 62 (1944), where the issue had been whether the defendant had taken a bribe as a “public officer”. 1 *379 See also Burnett v Moore, supra, where the Court found that a state police trooper is not a "state officer” within the meaning of Freedland and Bandfield .

1983The Court cited a rule identified in People v Freedland, 308 Mich 449, 457-458 ; 14 NW2d 62 (1944), where the issue had been whether the defendant had taken a bribe as a “public officer”. 1 *379 See also Burnett v Moore, supra, where the Court found that a state police trooper is not a "state officer” within the meaning of Freedland and Bandfield .

1983The Court cited a rule identified in People v Freedland, 308 Mich 449, 457-458 ; 14 NW2d 62 (1944), where the issue had been whether the defendant had taken a bribe as a “public officer”. 1 *379 See also Burnett v Moore, supra, where the Court found that a state police trooper is not a "state officer” within the meaning of Freedland and Bandfield .

1980However, in People v Belanger, 73 Mich App 438, 447 ; 252 NW2d 472 (1977), this Court cited the test for competency to stand trial announced in Dusky v United States, 362 US 402 ; 80 S Ct 788, 789 ; 4 L Ed 2d 824, 825 (1960), as the appropriate interpretation of our own incompetency statute.

1980However, in People v Belanger, 73 Mich App 438, 447 ; 252 NW2d 472 (1977), this Court cited the test for competency to stand trial announced in Dusky v United States, 362 US 402 ; 80 S Ct 788, 789 ; 4 L Ed 2d 824, 825 (1960), as the appropriate interpretation of our own incompetency statute.

1978Our construction of the Tax Tribunal *158 statute is reinforced by the Supreme Court’s decision in Emmet County v State Tax Commission, 397 Mich 550 ; 244 NW2d 909 (1976).

1978Our construction of the Tax Tribunal *158 statute is reinforced by the Supreme Court’s decision in Emmet County v State Tax Commission, 397 Mich 550 ; 244 NW2d 909 (1976).

1975As appellant’s counsel argue later in their brief, the issue of plaintiff Kevreson’s contributory negligence was 'impliedly tried,’ thus bringing the cited rule into play.” See also Adair v Thoms, 5 Mich App 195, 197 ; 146 NW2d 81 (1966), Farida v Zahar, 50 Mich App 137 ; 212 NW2d 739 (1973).

1975As appellant’s counsel argue later in their brief, the issue of plaintiff Kevreson’s contributory negligence was 'impliedly tried,’ thus bringing the cited rule into play.” See also Adair v Thoms, 5 Mich App 195, 197 ; 146 NW2d 81 (1966), Farida v Zahar, 50 Mich App 137 ; 212 NW2d 739 (1973).

1975As appellant’s counsel argue later in their brief, the issue of plaintiff Kevreson’s contributory negligence was 'impliedly tried,’ thus bringing the cited rule into play.” See also Adair v Thoms, 5 Mich App 195, 197 ; 146 NW2d 81 (1966), Farida v Zahar, 50 Mich App 137 ; 212 NW2d 739 (1973).

1975As appellant’s counsel argue later in their brief, the issue of plaintiff Kevreson’s contributory negligence was 'impliedly tried,’ thus bringing the cited rule into play.” See also Adair v Thoms, 5 Mich App 195, 197 ; 146 NW2d 81 (1966), Farida v Zahar, 50 Mich App 137 ; 212 NW2d 739 (1973).

1975In McGillen #1, supra, the Court cited the rule of Quick for instructional purposes, but did not predicate reversal upon violation of the Quick rule.

1975In Mc-Gillen #1, supra, the Court cited the rule of Quick for instructional purposes, but did not predicate reversal upon violation of the Quick rule.

1970A similar contention was presented to this Court in People v. Herrera (1969), 19 Mich App 216 , and we rejected it saying: “Upon consideration of US Const, Am 4, and Const 1963, art 1, § 11, we find no valid basis for the adoption of defendant’s cited standard for reasonableness regarding searches as the standard to be applicable to arrests.” 19 Mich App at 223 . *221 The Court noted that numerous courts hold that an arrest without a warrant is not unlawful even though the police have adequate opportunity to obtain an arrest warrant prior to the arrest.

1970A similar contention was presented to this Court in People v. Herrera (1969), 19 Mich App 216 , and we rejected it saying: “Upon consideration of US Const, Am 4, and Const 1963, art 1, § 11, we find no valid basis for the adoption of defendant’s cited standard for reasonableness regarding searches as the standard to be applicable to arrests.” 19 Mich App at 223 . *221 The Court noted that numerous courts hold that an arrest without a warrant is not unlawful even though the police have adequate opportunity to obtain an arrest warrant prior to the arrest.

1968Furthermore, as in People v. Dunn (1968), 380 Mich 693 , defendant was not advised of the consequences of his plea of guilty. *719 Finally, the circuit judge failed to examine the accused to determine that his plea was freely, understandingly, and voluntarily made, as required also by the cited rule.

1938When such a device is maintained, the cited rule of safety is not applicable but the question of the driver’s negligence becomes an issue of fact under the circumstances.” Plaintiff has cited the following cases from other jurisdictions: Whitworth v. Riley, 132 Okla. 72 ( 269 Pac. 350 , 59 A. L.

1938When such a device is maintained, the cited rule of safety is not applicable but the question of the driver’s negligence becomes an issue of fact under the circumstances.” Plaintiff has cited the following cases from other jurisdictions: Whitworth v. Riley, 132 Okla. 72 ( 269 Pac. 350 , 59 A. L.

1938R. 584); Waynick v. Walrond, 155 Va. 400 ( 154 S. E. 522 , 70 A. L.

1938R. 584); Waynick v. Walrond, 155 Va. 400 ( 154 S. E. 522 , 70 A. L.