record indicates defense in Michigan

17 Michigan opinions name it 1 courts 1974–2025 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.

Followed or applied (3)

Case	Followed	Cited
People v. Trakhtenberggreen mich · 2012 · cited in 3 Michigan opinions naming this issue, 2015–2020 2 sentences 2016Ackley, 497 Mich at 383 . [A] defense attorney may be deemed ineffective, in part, for failing to consult an expert when counsel had neither the education nor the experience necessary to evaluate the evidence and make for himself a reasonable, informed determination as to whether an expert should be consulted or called to the stand .... [People v Trakhtenberg, 493 Mich 38 , 54 n 9; 826 NW2d 136 (2012) (quotation marks, citation, and emphasis omitted).] The record indicates that defense counsel did recognize the need for an expert and did seek funds for one on defendant’s behalf, but was denied 2016Ackley, 497 Mich at 383 . [A] defense attorney may be deemed ineffective, in part, for failing to consult an expert when counsel had neither the education nor the experience necessary to evaluate the evidence and make for himself a reasonable, informed determination as to whether an expert should be consulted or called to the stand .... [People v Trakhtenberg, 493 Mich 38 , 54 n 9; 826 NW2d 136 (2012) (quotation marks, citation, and emphasis omitted).] The record indicates that defense counsel did recognize the need for an expert and did seek funds for one on defendant’s behalf, but was denied	2	3
People v. Hoaggreen mich · 1999 · cited in 3 Michigan opinions naming this issue, 2014–2018 2 sentences 2018See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999). 2018See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999).	2	3
People v. Gainesgreen michctapp · 2014 · cited in 1 Michigan opinions naming this issue, 2015–2015 1 sentence 2015See Gaines, 306 Mich App at 300 ; Wiggins, 539 US at 521-522 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
People v. Seals green michctapp · 2009 2 sentences 2022Thus, the record indicates that defense counsel sought to elicit opinion testimony to the extent it would negate an intent to kill for purposes of felony-murder, see People v Seals, 285 Mich App 1, 12 ; 776 NW2d 314 (2009), and to explain that any culpable statements made by defendant should be construed as pressured or compliant false confessions. 2022Thus, the record indicates that defense counsel sought to elicit opinion testimony to the extent it would negate an intent to kill for purposes of felony-murder, see People v Seals, 285 Mich App 1, 12 ; 776 NW2d 314 (2009), and to explain that any culpable statements made by defendant should be construed as pressured or compliant false confessions.	2	2022–2022
Smith v. ANONYMOUS JOINT ENTERPRISE green mich · 2010 2 sentences 2022Thus, the record indicates that defense counsel sought to elicit opinion testimony to the extent it would negate an intent to kill for purposes of felony-murder, see People v Seals, 285 Mich App 1, 12 ; 776 NW2d 314 (2009), and to explain that any culpable statements made by defendant should be construed as pressured or compliant false confessions. 2022Thus, the record indicates that defense counsel sought to elicit opinion testimony to the extent it would negate an intent to kill for purposes of felony-murder, see People v Seals, 285 Mich App 1, 12 ; 776 NW2d 314 (2009), and to explain that any culpable statements made by defendant should be construed as pressured or compliant false confessions.	2	2022–2022
Florida v. Nixon green scotus · 2004 2 sentences 2018Id. 2018Id.	2	2018–2018
People v. Jones green mich · 2003 2 sentences 2025Defense counsel asked the victim, “Isn’t it true that you and your mother are lying about this incident?” and the victim responded, “[N]o.” “Under the doctrine of invited response, the proportionality of the response, as well as the invitation, must be considered to determine whether the error, which might otherwise require reversal, is shielded from appellate relief.” People v Jones, 468 Mich 345, 353 ; 662 NW2d 376 (2003). 2025Defense counsel asked the victim, “Isn’t it true that you and your mother are lying about this incident?” and the victim responded, “[N]o.” “Under the doctrine of invited response, the proportionality of the response, as well as the invitation, must be considered to determine whether the error, which might otherwise require reversal, is shielded from appellate relief.” People v Jones, 468 Mich 345, 353 ; 662 NW2d 376 (2003).	1	2025–2025
People v. Ginther green mich · 1973 2 sentences 2024The first objection was in response to the prosecutor questioning defendant about a 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -5- particular pornography title. 2024The first objection was in response to the prosecutor questioning defendant about a 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -5- particular pornography title.	1	2024–2024
People v. Unger green michctapp · 2008 1 sentence 2021The record indicates that defense counsel’s attempt to use Minton’s hearsay statements to help defendant’s -10- case was unsuccessful, but we will not “use the benefit of hindsight when assessing counsel’s competence.” Unger, 278 Mich App at 242-243 .	1	2021–2021
People v. Kevorkian green michctapp · 2002 2 sentences 2020People v Kevorkian, 248 Mich App 373, 414-415 ; 639 NW2d 291 (2001). 4. 2020People v Kevorkian, 248 Mich App 373, 414-415 ; 639 NW2d 291 (2001). 4.	1	2020–2020
People v. Dixon green michctapp · 2004 1 sentence 2019Dixon, 263 Mich App at 398 .	1	2019–2019
People v. Ackley green mich · 2015 1 sentence 2016Ackley, 497 Mich at 383 . [A] defense attorney may be deemed ineffective, in part, for failing to consult an expert when counsel had neither the education nor the experience necessary to evaluate the evidence and make for himself a reasonable, informed determination as to whether an expert should be consulted or called to the stand .... [People v Trakhtenberg, 493 Mich 38 , 54 n 9; 826 NW2d 136 (2012) (quotation marks, citation, and emphasis omitted).] The record indicates that defense counsel did recognize the need for an expert and did seek funds for one on defendant’s behalf, but was denied	1	2016–2016
Wiggins v. Smith, Warden green scotus · 2003 1 sentence 2015See Gaines, 306 Mich App at 300 ; Wiggins, 539 US at 521-522 .	1	2015–2015
People v. Vaughn green mich · 2012 1 sentence 2015Id.	1	2015–2015
People v. Johnson green michctapp · 1994 1 sentence 2014Thus, defendant has failed to establish the factual predicate for his claim of ineffective assistance of counsel, People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), and “we are unable to address counsel’s alleged failure[] to . . . discuss strategy with defendant,” Johnson, 208 Mich App at 142 .2 Defendant also argues that defense counsel failed to present exculpatory evidence.	1	2014–2014
People v. Thew green michctapp · 1993 1 sentence 1995Thew, supra, pp 92-94 .	1	1995–1995
People v. Martin green michctapp · 1971 2 sentences 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971). 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971).	1	1974–1974
People v. Duerson green michctapp · 1971 2 sentences 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971). 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971).	1	1974–1974
People v. Ferguson green mich · 1965 2 sentences 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971). 1974People v Ferguson, 376 Mich 90 ; 135 NW2d 357 (1965); People v George Martin, 31 Mich App 624 ; 188 NW2d 41 (1971); People v Duerson, 35 Mich App 223 ; 192 NW2d 309 (1971).	1	1974–1974

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.520b (5) MI § Mich. Comp. Laws § 769.12 (4) MI § Mich. Comp. Laws § 777.35 (4) MI § Mich. Comp. Laws § 750.227b (3) MI § Mich. Comp. Laws § 750.316 (3) MI § Mich. Comp. Laws § 750.520d (3) MI § Mich. Comp. Laws § 768.27a (3) MI § Mich. Comp. Laws § 777.34 (3) MI § Mich. Comp. Laws § 777.49 (3)

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.

Where else courts name it

IL 122 (1971–2026) NY 60 (1966–2024) CA 31 (1946–2026) OH 20 (1983–2026) TX 17 (1997–2021) MI 17 (1974–2025) LA 12 (1973–2017) AL 11 (1989–2016) SD 9 (1981–2023) NM 8 (1988–2025) WA 7 (1971–2018) MO 6 (1969–2014) CO 5 (1984–2015) IN 5 (1977–2001) AZ 4 (1979–2021) PA 4 (1977–2002) FL 4 (1974–2011) OK 4 (1973–2020) UT 3 (2005–2015) WI 3 (1970–2020) GA 3 (1973–1982) KY 3 (1983–2024) NJ 3 (1953–2020) DC 2 (1977–2012) HI 2 (2018–2025) OR 2 (1987–1990) RI 2 (1979–1998) MS 2 (2004–2026) KS 2 (1980–2014) MD 2 (2012–2015)

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.

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