17 Michigan opinions name it 2 courts 2000–2026 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 |
|---|---|---|
People v. Sabingreen2 sentences2026“Materiality, however, does not mean that the evidence must be directed at an element of a crime or an applicable defense.” Id. (quotation marks and citation omitted). 2026A fact is “of consequence to the action” if it is “directed at an element of the crime or an applicable defense” or if it “is ‘in issue’ in the sense that it is within the range of litigated matters in controversy.” Sabin, 463 Mich at 57 (quotation marks and citations omitted). | 5 | 11 |
People v. Millsgreen2 sentences2026A fact is “of consequence to the action” if it is “directed at an element of the crime or an applicable defense” or if it “is ‘in issue’ in the sense that it is within the range of litigated matters in controversy.” Sabin, 463 Mich at 57 (quotation marks and citations omitted). “[A]ll elements of a criminal offense are ‘in issue’ when a defendant enters a plea of not guilty.” People v Mills, 450 Mich 61, 69 ; 537 NW2d 909 (1995), mod on other grounds 450 Mich 1212 (1995). 2026A fact is “of consequence to the action” if it is “directed at an element of the crime or an applicable defense” or if it “is ‘in issue’ in the sense that it is within the range of litigated matters in controversy.” Sabin, 463 Mich at 57 (quotation marks and citations omitted). “[A]ll elements of a criminal offense are ‘in issue’ when a defendant enters a plea of not guilty.” People v Mills, 450 Mich 61, 69 ; 537 NW2d 909 (1995), mod on other grounds 450 Mich 1212 (1995). | 1 | 7 |
People v. Brooksgreen2 sentences2023Evidence has probative force if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” MRE 401; see also People v Brooks, 453 Mich 511, 518 ; 557 NW2d 106 (1996). 2023Evidence has probative force if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” MRE 401; see also People v Brooks, 453 Mich 511, 518 ; 557 NW2d 106 (1996). | 1 | 1 |
United States v. Walter Carson Dunn, Jr.green2 sentences2000A material fact is one that is "`in issue' in the sense that it is within the range of litigated matters in controversy." Id. at 68 , 537 N.W.2d 909 , quoting United States v. Dunn., 805 F.2d 1275, 1281 (C.A.6, 1986). [5] On determining that the evidence is admissible under a permissible theory of logical relevance, the trial court must consider whether to exclude the evidence nonetheless under MRE 403. 2000Rather, a material fact is one that is "`in issue' in the sense that it is within the range of litigated matters in controversy." Id. at 68 , 537 N.W.2d 909 , quoting United States v. Dunn, supra at 1281. | 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
1 sentence2026“The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Erickson, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005). | 1 | 2026–2026 |
People v. Ericksen
green
2 sentences2026“The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Erickson, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005). 2026“The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Erickson, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005). | 1 | 2026–2026 |
People v. Brown
green
1 sentence2026“The elements of assault with intent to commit murder are ‘(1) an assault, (2) with an actual intent to kill, (3) which, if successful, would make the killing murder.’ ” People v Erickson, 288 Mich App 192, 195-196 ; 793 NW2d 120 (2010), quoting People v Brown, 267 Mich App 141, 147-148 ; 703 NW2d 230 (2005). | 1 | 2026–2026 |
People v. Crawford
green
1 sentence2026In general, when a defendant denies that he committed the charged offense, all elements of the offense are “in issue.” Crawford, 458 Mich at 389 . | 1 | 2026–2026 |
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.