presumed error (Michigan) · Go Syfert
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presumed error in Michigan

14 Michigan opinions name it 2 courts 2013–2025 2 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 (1)

CaseFollowedCited
McDougall v. Schanzgreen
mich · 1999 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015When confronted with a violation of the separation of powers, this Court has noted that it is permissible for one branch to acquiesce in the intrusion of another and thus avoid a constitutional conflict. 48 Here, the commission acquiesced in the Legislature’s presumed violation of the separation of powers when it made SERA applicable to civil servants in Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” 49 And Rule 5-13, last amended effective March 48 In Judicial Attorneys Ass’n, 459 Mich at 303, we noted that, although legislativ

2015When confronted with a violation of the separation of powers, this Court has noted that it is permissible for one branch to acquiesce in the intrusion of another and thus avoid a constitutional conflict. 48 Here, the commission acquiesced in the Legislature’s presumed violation of the separation of powers when it made SERA applicable to civil servants in Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” 49 And Rule 5-13, last amended effective March 48 In Judicial Attorneys Ass’n, 459 Mich at 303, we noted that, although legislativ

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 (6)

CaseCitedYears
People v. Lukity green
mich · 1999
2 sentences

2025People v Lukity, 460 Mich 484, 495 ; 596 NW2d 607 (1999) (the effect of an “error is evaluated by assessing it in the respect to gangs and gang verbiage and symbolism.

2020Nevertheless, assuming error in the admission of the e-mail, we cannot conclude that the presumed error affected defendant’s substantial rights, Carines, 460 Mich at 763 , or that it “is more probable than not that a different outcome would have resulted without the error,” Lukity, 460 Mich at 495 .

82013–2025
People v. Carines green
mich · 1999
2 sentences

2020Nevertheless, assuming error in the admission of the e-mail, we cannot conclude that the presumed error affected defendant’s substantial rights, Carines, 460 Mich at 763 , or that it “is more probable than not that a different outcome would have resulted without the error,” Lukity, 460 Mich at 495 .

2017Further, assuming plain error, we simply cannot conclude that defendant was prejudiced by the presumed error, i.e., “that the error affected the outcome of the lower court proceedings.” Carines, 460 Mich at 763 .

62017–2020
Judicial Attorneys Ass'n v. State green
mich · 1998
1 sentence

2015In support of this claim, the majority cites Civil Service Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” Because the law regarding retirement benefits now encompasses the challenged provisions enacted in 2011 PA 264 , the majority concludes that the commission cannot now revoke its acquiescence without itself 3 See Judicial Attorneys Ass’n v Michigan, 459 Mich 291, 303-304 ; 586 NW2d 894 (1998) (holding certain statutory provisions enacted by the Legislature to be unconstitutional under the separation of powers doctrine and the

12015–2015
Judicial Attorneys Ass'n v. State green
mich · 1998
1 sentence

2015In support of this claim, the majority cites Civil Service Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” Because the law regarding retirement benefits now encompasses the challenged provisions enacted in 2011 PA 264 , the majority concludes that the commission cannot now revoke its acquiescence without itself 3 See Judicial Attorneys Ass’n v Michigan, 459 Mich 291, 303-304 ; 586 NW2d 894 (1998) (holding certain statutory provisions enacted by the Legislature to be unconstitutional under the separation of powers doctrine and the

12015–2015
Hunter v. Hunter green
mich · 2009
1 sentence

2015In support of this claim, the majority cites Civil Service Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” Because the law regarding retirement benefits now encompasses the challenged provisions enacted in 2011 PA 264 , the majority concludes that the commission cannot now revoke its acquiescence without itself 3 See Judicial Attorneys Ass’n v Michigan, 459 Mich 291, 303-304 ; 586 NW2d 894 (1998) (holding certain statutory provisions enacted by the Legislature to be unconstitutional under the separation of powers doctrine and the

12015–2015
Perin v. Peuler red
mich · 1964
2 sentences

2015When confronted with a violation of the separation of powers, this Court has noted that it is permissible for one branch to acquiesce in the intrusion of another and thus avoid a constitutional conflict. 48 Here, the commission acquiesced in the Legislature’s presumed violation of the separation of powers when it made SERA applicable to civil servants in Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” 49 And Rule 5-13, last amended effective March 48 In Judicial Attorneys Ass’n, 459 Mich at 303, we noted that, although legislativ

2015When confronted with a violation of the separation of powers, this Court has noted that it is permissible for one branch to acquiesce in the intrusion of another and thus avoid a constitutional conflict. 48 Here, the commission acquiesced in the Legislature’s presumed violation of the separation of powers when it made SERA applicable to civil servants in Rule 5-13, which provides that “[a] classified employee is eligible for retirement benefits as provided by law.” 49 And Rule 5-13, last amended effective March 48 In Judicial Attorneys Ass’n, 459 Mich at 303, we noted that, although legislativ

12015–2015

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.26 (8) MI § Mich. Comp. Laws § 769.12 (6) MI § Mich. Comp. Laws § 750.227b (5) MI § Mich. Comp. Laws § 750.316 (4) MI § Mich. Comp. Laws § 750.81d (4) MI § Mich. Comp. Laws § 750.529 (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

CA 29 (1964–2026) TX 16 (1948–2025) MI 14 (2013–2025) UT 7 (2011–2026) MO 4 (1980–2021) IL 4 (1948–1995) WI 3 (2009–2018) GA 3 (2020–2022) AZ 3 (1988–1999) IN 3 (2016–2019) NM 2 (2015–2015) VT 2 (1998–2026) MN 2 (1983–2023) NY 2 (2022–2022) CO 2 (1979–2009) CT 2 (2016–2020) MS 2 (2007–2011)

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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