absence of any requirement in Michigan

2016Indeed, our Supreme Court held in a substantially similar case, People v Duncan, 462 Mich 47 ; 610 NW2d 551 (2000), that the failure to instruct on the elements of felony-firearm constitutes structural error.

2016Indeed, our Supreme Court held in a substantially similar case, People v Duncan, 462 Mich 47 ; 610 NW2d 551 (2000), that the failure to instruct on the elements of felony-firearm constitutes structural error.

2016Although instructional errors that misstate or omit elements of a crime do not necessarily mandate a new trial, id., the absence of any instruction at all surely does.

2016Although instructional errors that misstate or omit elements of a crime do not necessarily mandate a new trial, id., the absence of any instruction at all surely does.

2023In re Foster, 317 Mich App at 375 .

2016Id. at 489 .

1990The majority finds that "`all the process that is due'" under the federal constitution at Kurtz' pretermination hearing is defined in Cleveland Bd of Ed v Loudermill, 470 US 532 ; 105 S Ct 1487 ; 84 L Ed 2d 494 (1985), and includes only notice of charges, an explanation of the charging party's evidence, and an opportunity to respond.

1990The majority finds that "`all the process that is due'" under the federal constitution at Kurtz' pretermination hearing is defined in Cleveland Bd of Ed v Loudermill, 470 US 532 ; 105 S Ct 1487 ; 84 L Ed 2d 494 (1985), and includes only notice of charges, an explanation of the charging party's evidence, and an opportunity to respond.

1982Despite the absence of any inquiry as to the assumption of risk in those two leading cases, we find that there exists sufficient precedent to warrant such an analysis in future cases of mistake. 14 Hathaway v Hudson, 256 Mich 702 , quoting 9 CJ, p 1161. 15 An "as is” clause waives those implied warranties which accompany the sale of a new home, Tibbitts v Openshaw, 18 Utah 2d 442 ; 425 P2d 160 (1967), or the sale of goods.

1982Despite the absence of any inquiry as to the assumption of risk in those two leading cases, we find that there exists sufficient precedent to warrant such an analysis in future cases of mistake. 14 Hathaway v Hudson, 256 Mich 702 , quoting 9 CJ, p 1161. 15 An "as is” clause waives those implied warranties which accompany the sale of a new home, Tibbitts v Openshaw, 18 Utah 2d 442 ; 425 P2d 160 (1967), or the sale of goods.

1968But for the relationship with one of those connected with the prosecutions in People v. Winegar (1968), 380 Mich 719 , and People v. Hoy (1968), 380 Mich 597 , which necessitated a disqualification from participation in those two cases, this writer would have concurred in opinions for confirming convictions therein.

1968But for the relationship with one of those connected with the prosecutions in People v. Winegar (1968), 380 Mich 719 , and People v. Hoy (1968), 380 Mich 597 , which necessitated a disqualification from participation in those two cases, this writer would have concurred in opinions for confirming convictions therein.

1968I was and now am in accord with what was written by Mr. Justice O’Haba in People v. Hobdy (1968), 380 Mich 686 , and in People v. Bunn (1968), 380 Mich 693 , on the subject of a knowing and intelligent waiver of counsel and the absence of any requirement that it be express.

1968I was and now am in accord with what was written by Mr. Justice O'HARA in People v. Hobdy (1968), 380 Mich 686 , and in People v. Dunn (1968), 380 Mich 693 , on the subject of a knowing and intelligent waiver of counsel and the absence of any requirement that it be express.

1968But for the relationship with one of those connected with the prosecutions in People v. Winegar (1968), 380 Mich 719 , and People v. Hoy (1968), 380 Mich 597 , which necessitated a disqualification from participation in those two cases, this writer would have concurred in opinions for confirming convictions therein.

1968But for the relationship with one of those connected with the prosecutions in People v. Winegar (1968), 380 Mich 719 , and People v. Hoy (1968), 380 Mich 597 , which necessitated a disqualification from participation in those two cases, this writer would have concurred in opinions for confirming convictions therein.

1968I was and now am in accord with what was written by Mr. Justice O’Haba in People v. Hobdy (1968), 380 Mich 686 , and in People v. Bunn (1968), 380 Mich 693 , on the subject of a knowing and intelligent waiver of counsel and the absence of any requirement that it be express.

1968I was and now am in accord with what was written by Mr. Justice O'HARA in People v. Hobdy (1968), 380 Mich 686 , and in People v. Dunn (1968), 380 Mich 693 , on the subject of a knowing and intelligent waiver of counsel and the absence of any requirement that it be express.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1940Ticonic National Bank v. Sprague, supra; Richmond v. Irons, 121 U. S. 27 (7 Sup. Ct. 788); People v. American Loan S Trust Co., 172 N. Y. 371 ( 65 N. E. 200 ); Lamar v. Taylor, 141 Ga. 227 ( 80 S. E. 1085 ); State, ex rel.

1928Barras v. Youngs , 185 Mich. 496 ; Miller v. Casey , 176 Mich. 221 .

1928Barras v. Youngs , 185 Mich. 496 ; Miller v. Casey , 176 Mich. 221 .

1921Held, that an assured applying for such a revival did not stand in the same position as an applicant for a policy in the first instance, but had a contract right to the revival upon the specified conditions.” In Walker v. Order of the Golden Star, 212 Mass. 289 ( 98 N. E. 1039 , Ann Cas. 1913D, 345), it was held: “Where a by-law of an incorporated fraternal beneficiary order provides, that a member suspended by reason of nonpayment of an assessment within thirty days from notice of it shall be reinstated on payment of the assessment within the next thirty days, such a payment made in good fait

1921Held, that an assured applying for such a revival did not stand in the same position as an applicant for a policy in the first instance, but had a contract right to the revival upon the specified conditions.” In Walker v. Order of the Golden Star, 212 Mass. 289 ( 98 N. E. 1039 , Ann Cas. 1913D, 345), it was held: “Where a by-law of an incorporated fraternal beneficiary order provides, that a member suspended by reason of nonpayment of an assessment within thirty days from notice of it shall be reinstated on payment of the assessment within the next thirty days, such a payment made in good fait

1921Held, that an assured applying for such a revival did not stand in the same position as an applicant for a policy in the first instance, but had a contract right to the revival upon the specified conditions.” In Walker v. Order of the Golden Star, 212 Mass. 289 ( 98 N. E. 1039 , Ann Cas. 1913D, 345), it was held: “Where a by-law of an incorporated fraternal beneficiary order provides, that a member suspended by reason of nonpayment of an assessment within thirty days from notice of it shall be reinstated on payment of the assessment within the next thirty days, such a payment made in good fait

1921In Jones v. Assurance Co., 120 Mich. 211 , Justice Grant, speaking for the court, said: “The law does not favor forfeitures, in fact, abhors them, and will avoid them whenever any reasonable ground can be found for so doing.

1921We think the above doctrine has been repeatedly approved by this court in the following cases: Benjamin v. McGraw, 208 Mich. 75 ; Church v. Larned, 206 Mich. 77 ; Patterson v. Wagner, 204 Mich. 593 ; Tuttle v. Briscoe Manfg.

1921We think the above doctrine has been repeatedly approved by this court in the following cases: Benjamin v. McGraw, 208 Mich. 75 ; Church v. Larned, 206 Mich. 77 ; Patterson v. Wagner, 204 Mich. 593 ; Tuttle v. Briscoe Manfg.

1921We think the above doctrine has been repeatedly approved by this court in the following cases: Benjamin v. McGraw, 208 Mich. 75 ; Church v. Larned, 206 Mich. 77 ; Patterson v. Wagner, 204 Mich. 593 ; Tuttle v. Briscoe Manfg.

1878Moore v. Vrooman, 32 Mich., 526 .

1870Plead., § 447; Adams Eq., 303, margin; Cheuvete v. Mason, 4 Greene (Iowa), 231; Munson v. Sears, 12 Iowa, 172 ; Grim v. Wheeler, 3 Edwards R., 334; Mechanics’ Bank v. Levy, 3 Paige, 606, 612 ; also 1 Daniel C.

1870Plead., § 447; Adams Eq., 303, margin; Cheuvete v. Mason, 4 Greene (Iowa), 231; Munson v. Sears, 12 Iowa, 172 ; Grim v. Wheeler, 3 Edwards R., 334; Mechanics’ Bank v. Levy, 3 Paige, 606, 612 ; also 1 Daniel C.