weaknesses defense (Michigan) · Go Syfert
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weaknesses defense in Michigan

13 Michigan opinions name it 2 courts 1995–2024 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
People v. Fydagreen
michctapp · 2010 · cited in 9 Michigan opinions naming this issue, 2015–2024
2 sentences

2024See id.; see also People v Fyda, 288 Mich App 446, 462 ; 793 NW2d 712 (2010) (holding that “[t]he fact that the prosecutor employed colorful rhetoric” when addressing the weaknesses of a defense theory during closing arguments “does not make the response to [the defendant’s] arguments disproportionate”).

2024See id.; see also People v Fyda, 288 Mich App 446, 462 ; 793 NW2d 712 (2010) (holding that “[t]he fact that the prosecutor employed colorful rhetoric” when addressing the weaknesses of a defense theory during closing arguments “does not make the response to [the defendant’s] arguments disproportionate”).

39

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 (5)

CaseCitedYears
People v. Fields green
mich · 1995
2 sentences

2024Defendant, however, cannot “have his cake and eat it too,” People v Hutchinson, 155 Mich App 84 , 88 n 1; 399 NW2d 448 (1986), for once he places into evidence his own expert’s psychological report (that used information obtained from defendant), the Fifth Amendment (or its state counterpart) cannot then be used as a shield to prevent the prosecution from accessing similar information from defendant for their own expert’s use, People v Fields, 450 Mich 94, 109 ; 538 NW2d 356 (1995) (the “protective shield of the Fifth Amendment should not be converted into a sword that cuts back on the area of

2024Defendant, however, cannot “have his cake and eat it too,” People v Hutchinson, 155 Mich App 84 , 88 n 1; 399 NW2d 448 (1986), for once he places into evidence his own expert’s psychological report (that used information obtained from defendant), the Fifth Amendment (or its state counterpart) cannot then be used as a shield to prevent the prosecution from accessing similar information from defendant for their own expert’s use, People v Fields, 450 Mich 94, 109 ; 538 NW2d 356 (1995) (the “protective shield of the Fifth Amendment should not be converted into a sword that cuts back on the area of

32020–2024
People v. Watson green
michctapp · 2001
2 sentences

2020People v Fields, 450 Mich 94, 115 ; 538 NW2d 356 (1995); People v Watson, 245 Mich App 572 , 592- 593; 629 NW2d 411 (2001).

2020People v Fields, 450 Mich 94, 115 ; 538 NW2d 356 (1995); People v Watson, 245 Mich App 572 , 592- 593; 629 NW2d 411 (2001).

22020–2020
People v. Hutchinson green
michctapp · 1986
2 sentences

2024Defendant, however, cannot “have his cake and eat it too,” People v Hutchinson, 155 Mich App 84 , 88 n 1; 399 NW2d 448 (1986), for once he places into evidence his own expert’s psychological report (that used information obtained from defendant), the Fifth Amendment (or its state counterpart) cannot then be used as a shield to prevent the prosecution from accessing similar information from defendant for their own expert’s use, People v Fields, 450 Mich 94, 109 ; 538 NW2d 356 (1995) (the “protective shield of the Fifth Amendment should not be converted into a sword that cuts back on the area of

2024Defendant, however, cannot “have his cake and eat it too,” People v Hutchinson, 155 Mich App 84 , 88 n 1; 399 NW2d 448 (1986), for once he places into evidence his own expert’s psychological report (that used information obtained from defendant), the Fifth Amendment (or its state counterpart) cannot then be used as a shield to prevent the prosecution from accessing similar information from defendant for their own expert’s use, People v Fields, 450 Mich 94, 109 ; 538 NW2d 356 (1995) (the “protective shield of the Fifth Amendment should not be converted into a sword that cuts back on the area of

12024–2024
Brown v. United States green
scotus · 1958
2 sentences

1995It would make of the Fifth Amendment not only a humane safeguard against judicially coerced self-disclosure but a positive invitation to mutilate the truth a party offers to tell. [Brown v United States, 356 US 148, 155-156 ; 78 S Ct 622 ; 2 L Ed 2d 589 (1958).] "[T]he protective shield of the Fifth Amendment should [not] be converted into a sword that cuts back on the area of legitimate comment by the prosecutor on the weaknesses in the defense case.” United States v Hastings, 461 US 499, 515 ; 103 S Ct 1974 ; 76 L Ed 2d 96 (1983) (Stevens, J., concurring). *110 In general, 20 where a defenda

1995It would make of the Fifth Amendment not only a humane safeguard against judicially coerced self-disclosure but a positive invitation to mutilate the truth a party offers to tell. [Brown v United States, 356 US 148, 155-156 ; 78 S Ct 622 ; 2 L Ed 2d 589 (1958).] "[T]he protective shield of the Fifth Amendment should [not] be converted into a sword that cuts back on the area of legitimate comment by the prosecutor on the weaknesses in the defense case.” United States v Hastings, 461 US 499, 515 ; 103 S Ct 1974 ; 76 L Ed 2d 96 (1983) (Stevens, J., concurring). *110 In general, 20 where a defenda

11995–1995
United States v. Hasting green
scotus · 1983
2 sentences

1995It would make of the Fifth Amendment not only a humane safeguard against judicially coerced self-disclosure but a positive invitation to mutilate the truth a party offers to tell. [Brown v United States, 356 US 148, 155-156 ; 78 S Ct 622 ; 2 L Ed 2d 589 (1958).] "[T]he protective shield of the Fifth Amendment should [not] be converted into a sword that cuts back on the area of legitimate comment by the prosecutor on the weaknesses in the defense case.” United States v Hastings, 461 US 499, 515 ; 103 S Ct 1974 ; 76 L Ed 2d 96 (1983) (Stevens, J., concurring). *110 In general, 20 where a defenda

1995It would make of the Fifth Amendment not only a humane safeguard against judicially coerced self-disclosure but a positive invitation to mutilate the truth a party offers to tell. [Brown v United States, 356 US 148, 155-156 ; 78 S Ct 622 ; 2 L Ed 2d 589 (1958).] "[T]he protective shield of the Fifth Amendment should [not] be converted into a sword that cuts back on the area of legitimate comment by the prosecutor on the weaknesses in the defense case.” United States v Hastings, 461 US 499, 515 ; 103 S Ct 1974 ; 76 L Ed 2d 96 (1983) (Stevens, J., concurring). *110 In general, 20 where a defenda

11995–1995

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.12 (7) MI § Mich. Comp. Laws § 750.227b (5) MI § Mich. Comp. Laws § 750.110a (4) MI § Mich. Comp. Laws § 750.83 (4) 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

MI 13 (1995–2024) KS 12 (2011–2025) CA 10 (1967–2025) MS 5 (2004–2011) KY 3 (2007–2019) IL 3 (1983–2021) OH 2 (2022–2024) AL 2 (1992–2001) NJ 2 (2017–2020)

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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