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16 Michigan opinions name it 1 courts 2015–2025 1 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. Hoaggreen2 sentences2019See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999) (explaining that a defendant raising a claim of ineffective assistance of counsel bears the burden of proving the factual predicate of his or her claim). 2019See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999) (explaining that a defendant raising a claim of ineffective assistance of counsel bears the burden of proving the factual predicate of his or her claim). | 2 | 6 |
Strickland v. Washingtongreen2 sentences2018A defendant raising a claim of ineffective assistance of counsel “bears the burden of proving that (1) the performance of his counsel was below an objective standard of reasonableness under prevailing professional norms and (2) a reasonable probability exists that, in the absence of counsel’s unprofessional errors, the outcome of the proceedings would have 14 People v Lee, unpublished order of the Court of Appeals, entered May 17, 2017 (Docket No. 334920). -10- been different.” People v Foster, 319 Mich App 365 , 391; 901 NW2d 127 (2017) (quotation marks and citation omitted); see also Strickl 2018A defendant raising a claim of ineffective assistance of counsel “bears the burden of proving that (1) the performance of his counsel was below an objective standard of reasonableness under prevailing professional norms and (2) a reasonable probability exists that, in the absence of counsel’s unprofessional errors, the outcome of the proceedings would have 14 People v Lee, unpublished order of the Court of Appeals, entered May 17, 2017 (Docket No. 334920). -10- been different.” People v Foster, 319 Mich App 365 , 391; 901 NW2d 127 (2017) (quotation marks and citation omitted); see also Strickl | 2 | 2 |
People v. Paynegreen2 sentences2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu 2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Trakhtenberg
green
2 sentences2018A defendant raising a claim of ineffective assistance of counsel bears the burden of establishing that “(1) counsel’s performance fell below an objective standard of reasonableness and (2) but for counsel’s deficient performance, there is a reasonable probability that the outcome would have been different.” People v Trakhtenberg, 493 Mich 38, 51 ; 826 NW2d 136 (2012). 2018A defendant raising a claim of ineffective assistance of counsel bears the burden of establishing that “(1) counsel’s performance fell below an objective standard of reasonableness and (2) but for counsel’s deficient performance, there is a reasonable probability that the outcome would have been different.” People v Trakhtenberg, 493 Mich 38, 51 ; 826 NW2d 136 (2012). | 3 | 2016–2018 |
People v. Rockey
green
2 sentences2018“Effective assistance of counsel is presumed,” and “[t]he defendant bears a heavy burden of proving otherwise.” People v Rockey, 237 Mich App 74, 76 ; 601 NW2d 887 (1999). 2018“Effective assistance of counsel is presumed,” and “[t]he defendant bears a heavy burden of proving otherwise.” People v Rockey, 237 Mich App 74, 76 ; 601 NW2d 887 (1999). | 2 | 2018–2018 |
People v. Jackson
green
2 sentences2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu 2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu | 2 | 2017–2017 |
People v. Vandenberg
green
2 sentences2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu 2017A defendant raising a claim of judicial bias must preserve the issue for review by raising it in the trial court.54 Because Harner failed to raise this issue below, it is unpreserved and our review is limited to plain error affecting substantial rights.55 To establish that plain error affected substantial rights, “there must be a showing of prejudice, i.e., that the error affected the outcome of the lower-court proceedings.”56 Reversal is only warranted on the basis of plain error if the error “led to the conviction of an innocent defendant or seriously affect[ed] the fairness, integrity or pu | 2 | 2017–2017 |
People v. Nix
green
1 sentence2025Nix 301 Mich App at 207 . | 1 | 2025–2025 |
People v. Ericksen
green
2 sentences2019Moreover, “[f]ailing to advance a meritless argument or raise a futile objection does not constitute ineffective assistance of counsel.” People v Ericksen, 288 Mich App 192, 201 ; 793 NW2d 120 (2010). 2019Moreover, “[f]ailing to advance a meritless argument or raise a futile objection does not constitute ineffective assistance of counsel.” People v Ericksen, 288 Mich App 192, 201 ; 793 NW2d 120 (2010). | 1 | 2019–2019 |
People v. Ginther
green
2 sentences2019See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999) (the defendant raising a claim of ineffective 5 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -9- assistance of counsel bears the burden of proving the factual predicate of his or her claim). 2019See People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999) (the defendant raising a claim of ineffective 5 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -9- assistance of counsel bears the burden of proving the factual predicate of his or her claim). | 1 | 2019–2019 |
People v. Carbin
green
2 sentences2018“A reasonable probability is a probability sufficient to undermine confidence in the outcome.” People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001) (quotation marks and citation omitted). 2018“A reasonable probability is a probability sufficient to undermine confidence in the outcome.” People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001) (quotation marks and citation omitted). | 1 | 2018–2018 |
People v. Henry
green
2 sentences2018People v Henry, 239 Mich App 140, 146 ; 607 NW2d 767 (1999). 1. 2018People v Henry, 239 Mich App 140, 146 ; 607 NW2d 767 (1999). 1. | 1 | 2018–2018 |
People v. Henderson
red
1 sentence2015Henderson, 306 Mich App at 4 . | 1 | 2015–2015 |
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.