felony-firearm violation (Michigan) · Go Syfert
← Michigan issues

felony-firearm violation in Michigan

14 Michigan opinions name it 2 courts 1978–2026 3 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

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 (19)

CaseCitedYears
People v. Moore green
mich · 2004
2 sentences

2026Whether a defendant performed acts or gave encouragement to assist the commission of a felony- firearm violation “must be determined on a case-by-case basis . . . .” Id. at 71 . “[W]hen a defendant specifically encourages another possessing a gun during the commission of a felony to use that gun, he aids and abets the carrying or possessing of that gun just as surely as if he aided or abetted the principal in obtaining or retaining the gun.” Id.

2026Whether a defendant performed acts or gave encouragement to assist the commission of a felony- firearm violation “must be determined on a case-by-case basis . . . .” Id. at 71 . “[W]hen a defendant specifically encourages another possessing a gun during the commission of a felony to use that gun, he aids and abets the carrying or possessing of that gun just as surely as if he aided or abetted the principal in obtaining or retaining the gun.” Id.

52015–2026
People v. Lewis green
mich · 1982
2 sentences

1985Actually, it is a count which follows after each felony.” In People v Lewis, 415 Mich 443, 455 ; 330 NW2d 16 (1982), reh den sub nom People v Gary Johnson 417 Mich 1104 (1983), the Supreme Court reviewed the trial court’s felony-firearm instruction and held that: "The judge may and should instruct the jury that a person cannot be convicted of felony-firearm unless the jury finds that 'he committed] or attempted] to commit a felony’.

1985Actually, it is a count which follows after each felony.” In People v Lewis, 415 Mich 443, 455 ; 330 NW2d 16 (1982), reh den sub nom People v Gary Johnson 417 Mich 1104 (1983), the Supreme Court reviewed the trial court’s felony-firearm instruction and held that: "The judge may and should instruct the jury that a person cannot be convicted of felony-firearm unless the jury finds that 'he committed] or attempted] to commit a felony’.

21985–2024
People v. Bender green
mich · 1996
2 sentences

2000While defendant's appeal was pending, this Court decided People v. Bender [ 452 Mich. 594 , 551 N.W.2d 71 (1996) ].

2000While defendant's appeal was pending, this Court decided People v. Bender [ 452 Mich. 594 , 551 N.W.2d 71 (1996) ].

21998–2000
People v. Meissner green
michctapp · 2011
1 sentence

2021Reviewing the evidence in the light most favorable to the prosecution, Meissner, 294 Mich App at 452 , deferring to the jury’s credibility assessments, Nowack, 462 Mich at 400 , and resolving all conflicts in the evidence in favor of the prosecution, Kanaan, 278 Mich App at 619 , we conclude that the evidence was sufficient to support the jury’s conviction of Brown for AWIM, intentional discharge of a firearm from a vehicle, and felony-firearm.

12021–2021
People v. Kanaan green
michctapp · 2008
1 sentence

2021Reviewing the evidence in the light most favorable to the prosecution, Meissner, 294 Mich App at 452 , deferring to the jury’s credibility assessments, Nowack, 462 Mich at 400 , and resolving all conflicts in the evidence in favor of the prosecution, Kanaan, 278 Mich App at 619 , we conclude that the evidence was sufficient to support the jury’s conviction of Brown for AWIM, intentional discharge of a firearm from a vehicle, and felony-firearm.

12021–2021
People v. Nowack green
mich · 2000
1 sentence

2021Reviewing the evidence in the light most favorable to the prosecution, Meissner, 294 Mich App at 452 , deferring to the jury’s credibility assessments, Nowack, 462 Mich at 400 , and resolving all conflicts in the evidence in favor of the prosecution, Kanaan, 278 Mich App at 619 , we conclude that the evidence was sufficient to support the jury’s conviction of Brown for AWIM, intentional discharge of a firearm from a vehicle, and felony-firearm.

12021–2021
People v. Carines green
mich · 1999
1 sentence

2004Carines, supra, at 768 , 597 N.W.2d 130 .

12004–2004
Neder v. United States green
scotus · 1999
1 sentence

2000Neder, supra at 30 , 119 S.Ct. 1827 . [1] The standard felony-firearm instruction, CJI2d 11.34, provides: (1) The defendant is also charged with the separate crime of possessing a firearm at the time [he/she] committed [or attempted to commit] the crime of____. (2) To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: (3) First, that the defendant committed [or attempted to commit] the crime of____, which has been defined for you.

12000–2000
People v. Young green
michctapp · 1995
2 sentences

1998The Court of Appeals affirmed defendant’s conviction. 212 Mich App 630 ; 538 NW2d 456 (1995).

1998The Court of Appeals affirmed defendant’s conviction. 212 Mich App 630 ; 538 NW2d 456 (1995).

11998–1998
People v. Lawless green
michctapp · 1984
2 sentences

1985Because defendant failed to object to the felony-firearm instruction at trial, we must now determine whether a manifest injustice resulted from the trial court’s use of an improper jury form. *788 In People v Lawless, 136 Mich App 628 ; 357 NW2d 724 (1984), this Court reviewed an unobjected-to erroneous jury instruction, on felony-firearm.

1985Because defendant failed to object to the felony-firearm instruction at trial, we must now determine whether a manifest injustice resulted from the trial court’s use of an improper jury form. *788 In People v Lawless, 136 Mich App 628 ; 357 NW2d 724 (1984), this Court reviewed an unobjected-to erroneous jury instruction, on felony-firearm.

11985–1985
Arnold Transit Co. v. City of Mackinac Island neutral
mich · 1983
1 sentence

1985Actually, it is a count which follows after each felony.” In People v Lewis, 415 Mich 443, 455 ; 330 NW2d 16 (1982), reh den sub nom People v Gary Johnson 417 Mich 1104 (1983), the Supreme Court reviewed the trial court’s felony-firearm instruction and held that: "The judge may and should instruct the jury that a person cannot be convicted of felony-firearm unless the jury finds that 'he committed] or attempted] to commit a felony’.

11985–1985
People v. Doss green
michctapp · 1983
2 sentences

1984People v Doss, 122 Mich App 571, 578 ; 332 NW2d 541 (1983).

1984People v Doss, 122 Mich App 571, 578 ; 332 NW2d 541 (1983).

11984–1984
People v. Willis neutral
michctapp · 1980
2 sentences

1981People v Barrett, 93 Mich App 808 ; 287 NW2d 348 (1979), People v Willis, 95 Mich App 32 ; 290 NW2d 82 (1980).

1981People v Barrett, 93 Mich App 808 ; 287 NW2d 348 (1979), People v Willis, 95 Mich App 32 ; 290 NW2d 82 (1980).

11981–1981
People v. Barrett green
michctapp · 1979
2 sentences

1981People v Barrett, 93 Mich App 808 ; 287 NW2d 348 (1979), People v Willis, 95 Mich App 32 ; 290 NW2d 82 (1980).

1981People v Barrett, 93 Mich App 808 ; 287 NW2d 348 (1979), People v Willis, 95 Mich App 32 ; 290 NW2d 82 (1980).

11981–1981
State v. Saxon neutral
neb · 1975
2 sentences

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). [3] *691 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses".

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). 3 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses”.

11978–1978
People v. Ora Jones red
mich · 1975
2 sentences

1978People v Ora Jones, 395 Mich 379 ; 236 NW2d 461 (1975).

1978People v Ora Jones, 395 Mich 379 ; 236 NW2d 461 (1975).

11978–1978
Jones v. Commonwealth green
va · 1977
2 sentences

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). [3] *691 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses".

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). 3 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses”.

11978–1978
Kowalski v. Parratt green
scotus · 1976
2 sentences

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). [3] *691 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses".

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). 3 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses”.

11978–1978
Bailey v. Holley green
scotus · 1976
2 sentences

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). [3] *691 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses".

1978Kowalski v Parratt, 533 F Supp 1071 (CA 8, 1976), cert den 429 US 844 ; 97 S Ct 125 ; 50 L Ed 2d 115 (1976), State v Saxon, 193 Neb 278; 226 NW2d 765 (1975), Jones v Commonwealth, 218 Va 18; 235 SE2d 313 (1977). 3 Applying Blockburger to the statutes before us I would conclude that the felony-firearm violation and the armed robbery upon which it was premised do not constitute "separate offenses”.

11978–1978

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (14) MI § Mich. Comp. Laws § 750.316 (6) MI § Mich. Comp. Laws § 750.82 (5) MI § Mich. Comp. Laws § 750.83 (5) MI § Mich. Comp. Laws § 767.39 (5) MI § Mich. Comp. Laws § 750.317 (4) MI § Mich. Comp. Laws § 750.529 (4) MI § Mich. Comp. Laws § 750.227 (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.

← Caselaw search · G Cite Topics · Brief Check