without error in Michigan

13 Michigan opinions name it 2 courts 1928–2015 0 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 (3)

Case	Followed	Cited
People v. Egglestongreen mich · 1915 · cited in 6 Michigan opinions naming this issue, 1965–1977 2 sentences 1975We have said, however, that where conflicting instructions are given, one erroneous and the other without error, it may be presumed that the jury followed the instruction that was erroneous.” People v Eggleston, 186 Mich 510, 514-515 ; 152 NW 944 (1915). 1975We have said, however, that where conflicting instructions are given, one erroneous and the other without error, it may be presumed that the jury followed the instruction that was erroneous.” People v Eggleston, 186 Mich 510, 514-515 ; 152 NW 944 (1915).	2	6
People v. McFarlingreen michctapp · 1972 · cited in 2 Michigan opinions naming this issue, 1973–1973 2 sentences 1973Through April of 1972 various 594 panels of this Court without exception followed Coleman as controlling precedent. 1 Then in People v McFarlin, 41 Mich App 116, 126 (1972), Chief Judge Lesinski, with Judges Bronson and Targonski concurring, reexamined the prior decisions on this issue and declined to follow Coleman and its progeny, ruling that it constituted reversible error for a judge to consider a defendant’s juvenile record in determining sentence. 1973*Thereafter in People v McFarlin, 41 Mich App 116 (1972), a panel of this Court consisting of Chief Judge Lesinski, with Judges Bronson and Targonski concurring, declined to follow Coleman and its progeny, ruling that it constituted reversible error for a judge to consider a defendant’s juvenile record in determining sentence.	1	2
People v. Sheltongreen michctapp · 1975 · cited in 1 Michigan opinions naming this issue, 1976–1976 2 sentences 1976People v Shelton, 64 Mich App 154, 158 ; 235 NW2d 93, 95 (1975), People v Eggleston, 186 Mich 510 ; 152 NW 944 (1915). 1976People v Shelton, 64 Mich App 154, 158 ; 235 NW2d 93, 95 (1975), People v Eggleston, 186 Mich 510 ; 152 NW 944 (1915).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

Case	Cited	Years
People v. Burkard green mich · 1965 2 sentences 1977See, e.g., People v Eggleston, 186 Mich 510 ; 152 NW 944 (1915), People v Burkard, 374 Mich 430 ; 132 NW2d 106 (1965). 1971(Emphasis added.) The problem with the quoted portions of the trial court’s instruction is that the instruction failed to inform the jury that the self-defense justification for homicide is based upon the circumstances as they appeared to defendant. *715 Our disposition of the instant ease, wherein portions of the trial judge’s instructions were proper and conflicting erroneous instructions were also given, is controlled by People v. Burkard, supra, p 438: “Our decision in People v. Eggleston, 186 Mich 510 , at pp 514 and 515, controls: “ ‘In other portions of the charge the learned trial judg	2	1971–1977
People v. Shepherd green mich · 2005 1 sentence 2015Id.	1	2015–2015
People v. Bargy green michctapp · 1976 2 sentences 1979People v Bargy, 71 Mich App 609, 616 ; 248 NW2d 636 (1976). 1979People v Bargy, 71 Mich App 609, 616 ; 248 NW2d 636 (1976).	1	1979–1979
People v. Kanar green mich · 1946 2 sentences 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971). 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971).	1	1973–1973
State v. Jones neutral njsuperctappdiv · 1966 2 sentences 1973Cf. Commonwealth v Myers (1958), 393 Pa 224 ( 144 A2d 367 ); State v Jones (1966), 91 NJ Super 67 ( 219 A2d 193 )." Through April of 1972 various panels of this Court without exception followed Coleman as controlling precedent. 1973Cf. Commonwealth v Myers (1958), 393 Pa 224 ( 144 A2d 367 ); State v Jones (1966), 91 NJ Super 67 ( 219 A2d 193 ).” Through April of 1972 various panels of this Court without exception followed Coleman as controlling precedent.	1	1973–1973
Commonwealth Ex Rel. Hendrickson v. Myers green pa · 1958 2 sentences 1973Cf. Commonwealth v Myers (1958), 393 Pa 224 ( 144 A2d 367 ); State v Jones (1966), 91 NJ Super 67 ( 219 A2d 193 )." Through April of 1972 various panels of this Court without exception followed Coleman as controlling precedent. 1973Cf. Commonwealth v Myers (1958), 393 Pa 224 ( 144 A2d 367 ); State v Jones (1966), 91 NJ Super 67 ( 219 A2d 193 ).” Through April of 1972 various panels of this Court without exception followed Coleman as controlling precedent.	1	1973–1973
People v. Schafer neutral michctapp · 1971 2 sentences 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971). 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971).	1	1973–1973
People v. Clark green mich · 1954 2 sentences 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971). 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971).	1	1973–1973
People v. Sangster green michctapp · 1971 2 sentences 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971). 1973People v Kanar, 314 Mich 242 (1946); People v Clark, 340 Mich 411 (1954); People v Sangster, 33 Mich App 712 (1971); People v Schafer, 36 Mich App 316 (1971).	1	1973–1973
Morrison v. Demogala green mich · 1953 2 sentences 1972"The court was without error in charging the jury in effect that defendant was as a matter of law, guilty of negligence." Examining the criteria set up in VanderLaan v Miedema, supra , and Morrison v Demogala, supra , it is readily apparent that the court erred in charging the jury that a sudden emergency would excuse defendant's violation of the assured-clear-distance statute. 1972"The court was without error in charging the jury in effect that defendant was as a matter of law, guilty of negligence.” Examining the criteria set up in VanderLaan v Miedema, supra, and Morrison v Demogala, supra, it is readily apparent that the court erred in charging the jury that a sudden emergency would excuse defendant’s violation of the assured-clear-distance statute.	1	1972–1972
Vander Laan v. Miedema green mich · 1971 2 sentences 1972"The court was without error in charging the jury in effect that defendant was as a matter of law, guilty of negligence." Examining the criteria set up in VanderLaan v Miedema, supra , and Morrison v Demogala, supra , it is readily apparent that the court erred in charging the jury that a sudden emergency would excuse defendant's violation of the assured-clear-distance statute. 1972"The court was without error in charging the jury in effect that defendant was as a matter of law, guilty of negligence.” Examining the criteria set up in VanderLaan v Miedema, supra, and Morrison v Demogala, supra, it is readily apparent that the court erred in charging the jury that a sudden emergency would excuse defendant’s violation of the assured-clear-distance statute.	1	1972–1972
Unjian v. Unjian green mich · 1955 1 sentence 1963Plaintiff’s said motion was an attempt to evade our present Court Rule No 38, § 1 (1945).” In Unjian v. Unjian, 344 Mich. 423 , a similar question was involved.	1	1963–1963
Tishhouse v. Schoenberg green mich · 1926 1 sentence 1928The subject is covered in Tishhouse v. Schoenberg, 234 Mich. 271 .	1	1928–1928

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.316 (5)

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

IL 47 (1922–2026) AL 33 (1872–2016) TX 26 (1910–2025) FL 23 (1933–2024) OH 22 (1992–2026) UT 22 (1983–2026) CA 20 (1919–2024) NY 18 (1873–2016) ID 18 (1926–2024) TN 15 (1965–2021) WA 15 (1911–2024) GA 14 (1925–2026) MI 13 (1928–2015) PA 13 (1869–2017) MA 13 (1914–2025) OK 10 (1910–2021) CO 10 (1959–2024) DC 9 (1977–2020) NE 8 (1884–1987) MT 8 (1994–2012) LA 7 (1931–2015) AZ 7 (1970–2020) VA 6 (1928–2002) RI 6 (1984–2003) VT 5 (1945–2025) WV 5 (2006–2025) SC 5 (1957–1978) MS 5 (1911–2019) MD 3 (1940–2014) IN 3 (1945–2014) MO 3 (1979–1996) WY 3 (1931–1999) OR 3 (1962–2012) KY 3 (1912–1922) CT 3 (1999–2025) NC 3 (1990–1992) WI 3 (1891–2018) MN 3 (1897–1989) IA 3 (1865–2017) ND 2 (1953–1956) NH 2 (1889–1982) KS 2 (2022–2022)

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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