17 Michigan opinions name it 2 courts 1982–2024 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 |
|---|---|---|
Meyer Jewelry Co. v. Meyer Holdings, Inc.green2 sentences2017Defendants cite Meyer Jewelry Co v Meyer Holdings, Inc, 906 F Supp 428, 432 (ED Mich, 1995), which lists several factors that courts may consider in the exercise of their discretion to appoint receivers, and they argue that “none of the preceding requirements were present that warranted or justified the appointment of the Receiver.” Defendants, however, fail to elaborate on their argument or apply the listed factors to the facts of this case. 2017Defendants cite Meyer Jewelry Co v Meyer Holdings, Inc, 906 F Supp 428, 432 (ED Mich, 1995), which lists several factors that courts may consider in the exercise of their discretion to appoint receivers, and they argue that “none of the preceding requirements were present that warranted or justified the appointment of the Receiver.” Defendants, however, fail to elaborate on their argument or apply the listed factors to the facts of this case. | 2 | 2 |
United States v. Arvizugreen2 sentences2017See also Arvizu, 534 US at 274 (“The [lower] court’s evaluation and rejection of seven of the listed factors in isolation from each other does not take into account the ‘totality of the circumstances,’ as our cases have understood that phrase. 2017See also Arvizu, 534 US at 274 (“The [lower] court’s evaluation and rejection of seven of the listed factors in isolation from each other does not take into account the ‘totality of the circumstances,’ as our cases have understood that phrase. | 2 | 2 |
Workman v. Detroit Automobile Inter-Insurance Exchangegreen1 sentence2024Workman, 404 Mich at 496 (introducing the factors by stating “[a]mong the relevant factors are the following . . .”); Dairyland, 123 Mich App at 682 (introducing the factors by stating “[o]ther relevant indicia of domicile include such factors as . . .”). | 1 | 1 |
Dairyland Insurance v. Auto-Owners Insurancegreen1 sentence2024Workman, 404 Mich at 496 (introducing the factors by stating “[a]mong the relevant factors are the following . . .”); Dairyland, 123 Mich App at 682 (introducing the factors by stating “[o]ther relevant indicia of domicile include such factors as . . .”). | 1 | 1 |
In Re Seitzgreen2 sentences2001MCR 9.211 (“the commission or the master shall proceed with a public hearing which must conform as nearly as possible to the rules of procedure and evidence governing the trial of a civil action”); see also In re Seitz, 441 Mich 590, 593 ; 495 NW2d 559 (1993). 15 In Brown I, we noted that the jtc’s application of the listed factors to judicial misconduct proceedings, by “ensur[ing] a consistent rule of law,” would assist in maintaining due process rights for jtc respondents. 2001MCR 9.211 (“the commission or the master shall proceed with a public hearing which must conform as nearly as possible to the rules of procedure and evidence governing the trial of a civil action”); see also In re Seitz, 441 Mich 590, 593 ; 495 NW2d 559 (1993). 15 In Brown I, we noted that the jtc’s application of the listed factors to judicial misconduct proceedings, by “ensur[ing] a consistent rule of law,” would assist in maintaining due process rights for jtc respondents. | 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. Cannon
green
2 sentences2018Id. at 159 , 749 NW2d 257 . 2018Id. at 159 , 749 NW2d 257 . | 3 | 2011–2018 |
Fellows v. Michigan Commission for the Blind
green
2 sentences2017“A party abandons a claim when it fails to make a meaningful argument in support of its position.” Fellows v Mich Comm for the Blind, 305 Mich App 289 , 295 n 5; 854 NW2d 482 (2014) (quotation marks and citation omitted). 2017“A party abandons a claim when it fails to make a meaningful argument in support of its position.” Fellows v Mich Comm for the Blind, 305 Mich App 289 , 295 n 5; 854 NW2d 482 (2014) (quotation marks and citation omitted). | 2 | 2017–2017 |
Pirgu v. United Services Automobile Association
green
2 sentences2017Then, “[a]fter a trial court has calculated this baseline figure, it must consider and briefly discuss on the record the remaining Wood factors and the factors in MRPC 1.5(a) to determine whether any up or down adjustments from the base number are appropriate.” Pirgu, 499 Mich at 275-276 , citing Smith, 418 Mich at 431. -10- Here, in a 12-page written opinion, the trial court explicitly acknowledged that its determination of the reasonableness of defendant’s request for attorney fees was subject to the procedure outlined in Smith before proceeding to conduct a detailed examination of each one 2017Then, “[a]fter a trial court has calculated this baseline figure, it must consider and briefly discuss on the record the remaining Wood factors and the factors in MRPC 1.5(a) to determine whether any up or down adjustments from the base number are appropriate.” Pirgu, 499 Mich at 275-276 , citing Smith, 418 Mich at 431. -10- Here, in a 12-page written opinion, the trial court explicitly acknowledged that its determination of the reasonableness of defendant’s request for attorney fees was subject to the procedure outlined in Smith before proceeding to conduct a detailed examination of each one | 2 | 2017–2017 |
People v. Gilmore
green
1 sentence2024Gilmore, 222 Mich App at 459 . | 1 | 2024–2024 |
People v. Cipriano
green
1 sentence2024Cipriano, 431 Mich at 334 . | 1 | 2024–2024 |
In re White
green
1 sentence2022White, 303 Mich App at 714 ; Olive/Metts s, 297 Mich App at 41-42. | 1 | 2022–2022 |
People v. Gray
green
2 sentences2021When examining the totality of the circumstances, courts look at several factors, including the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation. [Id. at 306 (cleaned up).] Not every factor will be relevant in every case, so “a court may put greater or lesser weight on any of the listed factors, depending on the circumstances of the case.” 2021When examining the totality of the circumstances, courts look at several factors, including the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation. [Id. at 306 (cleaned up).] Not every factor will be relevant in every case, so “a court may put greater or lesser weight on any of the listed factors, depending on the circumstances of the case.” | 1 | 2021–2021 |
Craig v. Larson
green
2 sentences1995Craig v Larson, 432 Mich 346, 356 ; 439 NW2d 899 (1989). 1995Craig v Larson, 432 Mich 346, 356 ; 439 NW2d 899 (1989). | 1 | 1995–1995 |
People v. Cherry
green
2 sentences1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. 1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. | 1 | 1982–1982 |
People v. West
green
2 sentences1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. 1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. | 1 | 1982–1982 |
People v. Henry
green
2 sentences1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. 1982It is clear that the trial court must indicate its recognition of this discretion, People v West, 408 Mich 332 ; 291 NW2d 48 (1980), People v Cherry, 393 Mich 261 ; 224 NW2d 286 (1974), People v Henry, 101 Mich App 585 ; 300 NW2d 639 (1980), or it must appear on the record that the trial judge was aware that he had the discretion to disallow evidence of the prior convictions. | 1 | 1982–1982 |
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.