objectively reasonable standard (Michigan) · Go Syfert
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objectively reasonable standard in Michigan

15 Michigan opinions name it 1 courts 2015–2026 4 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 (4)

CaseFollowedCited
People v. Gainesgreen
michctapp · 2014 · cited in 4 Michigan opinions naming this issue, 2015–2017
2 sentences

2017Gaines, 306 Mich App at 300 .

2017Gaines, 306 Mich App at 300 .

24
People v. Paynegreen
michctapp · 2009 · cited in 3 Michigan opinions naming this issue, 2017–2021
2 sentences

2021Without needing to reach the issue of prejudice, we conclude that defendant’s ineffective assistance of counsel claim is without merit. [Id. at 384 (footnote omitted).] We note that, in his appeal to this Court, defendant’s phrasing of the ineffective-assistance claim asked whether counsel was ineffective because, by failing to present expert witnesses, counsel “deprived [defendant] of a substantial defense . . . .” Defendant’s argument included authority from this Court standing for the premise that “[t]he failure to call a witness constitutes ineffective assistance of counsel ‘when it depriv

2021Without needing to reach the issue of prejudice, we conclude that defendant’s ineffective assistance of counsel claim is without merit. [Id. at 384 (footnote omitted).] We note that, in his appeal to this Court, defendant’s phrasing of the ineffective-assistance claim asked whether counsel was ineffective because, by failing to present expert witnesses, counsel “deprived [defendant] of a substantial defense . . . .” Defendant’s argument included authority from this Court standing for the premise that “[t]he failure to call a witness constitutes ineffective assistance of counsel ‘when it depriv

13
People v. Trakhtenberggreen
mich · 2012 · cited in 2 Michigan opinions naming this issue, 2019–2020
2 sentences

2020Defense counsel’s performance arguably fell below an objectively reasonable standard in failing to request such an instruction, Trakhtenberg, 493 Mich at 51 , but defendant cannot establish that this error more than likely prejudiced the defense.

2019See Trakhtenberg, 493 Mich at 51 .

12
Graham v. Connorgreen
scotus · 1989 · cited in 1 Michigan opinions naming this issue, 2024–2024
2 sentences

2024See Graham v Connor, 490 US 386, 395-397 ; 109 S Ct 1865 ; 104 L Ed 2d 443 (1989) (holding that an officer’s use of force at an investigatory stop should be analyzed under an objectively-reasonable standard).

2024See Graham v Connor, 490 US 386, 395-397 ; 109 S Ct 1865 ; 104 L Ed 2d 443 (1989) (holding that an officer’s use of force at an investigatory stop should be analyzed under an objectively-reasonable standard).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
People v. Hoag green
mich · 1999
2 sentences

2017Therefore, we hold that defendant has failed to establish the factual predicate for his ineffective assistance of counsel claim, People v Hoag, 460 Mich 1, 59 ; 594 NW2d 57 (1999), and cannot demonstrate that trial counsel’s performance failed to satisfy an objectively reasonable standard.

2017Therefore, we hold that defendant has failed to establish the factual predicate for his ineffective assistance of counsel claim, People v Hoag, 460 Mich 1, 59 ; 594 NW2d 57 (1999), and cannot demonstrate that trial counsel’s performance failed to satisfy an objectively reasonable standard.

42015–2017
People v. LeBlanc green
mich · 2002
2 sentences

2026The Sixth Amendment “does not guarantee infallible counsel,” People v LeBlanc, 465 Mich 575, 592 ; 640 NW2d 246 (2002), and because defendant fails to show that his counsel’s performance fell below an objectively reasonable standard, his ineffective assistance of counsel argument fails.

2026The Sixth Amendment “does not guarantee infallible counsel,” People v LeBlanc, 465 Mich 575, 592 ; 640 NW2d 246 (2002), and because defendant fails to show that his counsel’s performance fell below an objectively reasonable standard, his ineffective assistance of counsel argument fails.

12026–2026
United States v. Cronic green
scotus · 1984
2 sentences

2024Because there is no evidence defense counsel was unable to understand the electronic data of this case, there is no evidence his performance fell below the objectively reasonable standard required, nor is there any evidence of prejudice.4 4 We note that, on appeal, Garcia contends analysis of this claim does not fall under the Strickland test, but instead follows a separate analysis under US v Cronic, 466 US 648 ; 104 S Ct 2039 ; 80 L Ed 2d 657 (1984), which held that there are some “circumstances that are so likely to prejudice the accused that the cost of litigating their effect in a particu

2024Because there is no evidence defense counsel was unable to understand the electronic data of this case, there is no evidence his performance fell below the objectively reasonable standard required, nor is there any evidence of prejudice.4 4 We note that, on appeal, Garcia contends analysis of this claim does not fall under the Strickland test, but instead follows a separate analysis under US v Cronic, 466 US 648 ; 104 S Ct 2039 ; 80 L Ed 2d 657 (1984), which held that there are some “circumstances that are so likely to prejudice the accused that the cost of litigating their effect in a particu

12024–2024
People v. Riley green
mich · 2003
1 sentence

2020Id.; Riley, 468 Mich at 140 .

12020–2020
the Meisner Law Group v. Weston Downs Condominium Association green
michctapp · 2017
1 sentence

2019Id.

12019–2019
People v. Unger green
michctapp · 2008
1 sentence

2017Unger, 278 Mich App at 258 .

12017–2017
People v. Armstrong green
mich · 2011
1 sentence

2017Armstrong, 490 Mich at 290 .

12017–2017

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (5) MI § Mich. Comp. Laws § 769.12 (5) MI § Mich. Comp. Laws § 750.224f (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

TX 120 (1998–2025) LA 42 (1990–2022) IL 40 (1988–2026) MI 15 (2015–2026) WA 14 (2016–2024) CA 13 (1982–2025) OH 10 (2001–2026) NJ 9 (1999–2021) ID 9 (1989–2023) CO 7 (2003–2026) MT 6 (2005–2025) MD 6 (2005–2026) NC 5 (2003–2021) VA 5 (2000–2007) WV 4 (2006–2021) AZ 4 (2006–2026) NV 3 (2021–2022) FL 3 (1994–2015) MN 3 (1990–2017) KS 3 (2020–2025) AR 2 (1999–2014) WI 2 (2001–2020) NM 2 (2001–2008) DE 2 (2018–2026) IN 2 (2014–2017)

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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