12 Michigan opinions name it 2 courts 1914–2013 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.
| Case | Followed | Cited |
|---|---|---|
Brown v. United Statesgreen2 sentences2013Because “‘[t]here is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the Government’s disability to challenge his credibility,’” id. at 156 (citation omitted), the Fifth Amendment has never been interpreted as conferring that right, and we refuse to do so here today.14 14 As explained in the Report to the Attorney General, 22 U Mich J L Reform at 1119- 1120: Any constraints on the discovery or use of evidence that the Constitution actually prescribes must, of course, be scrupulously observed. 2013Because “ ‘[t]here is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the Government’s disability to challenge his credibility,’ ” id. at 156 (citation omitted), the Fifth Amendment has never been interpreted as conferring that right, and we refuse to do so here today. 14 IV CONCLUSION For these reasons, we hold that defendant was not improperly impeached with his silence when the prosecutor made repeated references to defendant’s failure to testify at his first trial. | 1 | 1 |
Miklik v. Michigan Special MacHine Co.green2 sentences1994See Miklik v Michigan Special Machine Co, 415 Mich 364, 370 ; 329 NW2d 713 (1982) (a disability claim for an allegedly work-related heart condition). 1994See Miklik v Michigan Special Machine Co, 415 Mich 364, 370 ; 329 NW2d 713 (1982) (a disability claim for an allegedly work-related heart condition). | 1 | 1 |
Deziel v. Difco Laboratories, Inc.green1 sentence1994The three dissenting justices believed that the new test was a significant departure from the longstanding requirement that a claimant must establish, as a matter of fact, that the alleged work event "aggravate^], accelerate[d], or combine[d] with some internal weakness or disease to produce the disability.” Id. at 61 (Coleman, J., dissenting), quoting 1 Larson, Workmen’s Compensation Law, § 12.20, p 3-381. 2 My dispute with the majority’s ruling regards the causal nexus between work-related incidents and their contribution to a mental disability, which must be "actual” as well as "significant | 1 | 1 |
Dean v. Chrysler Corp.green2 sentences1994Moreover, proponents of the bill maintained that "the lack of such standards has led to reckless judicial interpretation of the disability standard as it applies to heart and mental cases resulting in compensation being paid to workers whose disability was not work related." Id.; see also Dean v Chrysler Corp, 434 Mich 655, 666-667 ; 455 NW2d 699 (1990). 1994Moreover, proponents of the bill maintained that "the lack of such standards has led to reckless judicial interpretation of the disability standard as it applies to heart and mental cases resulting in compensation being paid to workers whose disability was not work related." Id.; see also Dean v Chrysler Corp, 434 Mich 655, 666-667 ; 455 NW2d 699 (1990). | 1 | 1 |
Kaarto v. Calumet & Hecla, Inc.green2 sentences1988Kaarto v Calumet & Hecla, Inc, 367 Mich 128 ; 116 NW2d 225 (1962). 1988Kaarto v Calumet & Hecla, Inc, 367 Mich 128 ; 116 NW2d 225 (1962). | 1 | 1 |
Carlisle v. General Motors Corp.green2 sentences1985See Carlisle v General Motors Corp, 126 Mich App 127, 129 ; 337 NW2d 4 (1983). 1985See Carlisle v General Motors Corp, 126 Mich App 127, 129 ; 337 NW2d 4 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Paschke v. Retool Industries
green
2 sentences1996The economic necessity of a claimant securing a means of support pending resolution of a disability claim was noted by this Court in Paschke, supra at 517 , and in Bower, supra at 193 . [I]t is important to recognize that if the employer does not pay compensation voluntarily, the employee may be without any means of support until an award of benefits is made by the referee at the hearing, [id.] We do recognize, however, that if Mr. Derr has permanently removed himself from the job market, he may no longer be available for a reasonable-employment position. 1996The economic necessity of a claimant securing a means of support pending resolution of a disability claim was noted by this Court in Paschke, supra at 517 , 519 N.W.2d 441 , and in Bower, supra at 193 , 312 N.W.2d 640 . [I]t is important to recognize that if the employer does not pay compensation voluntarily, the employee may be without any means of support until an award of benefits is made by the referee at the hearing. [ Id. ] We do recognize, however, that if Mr. Derr has permanently removed himself from the job market, he may no longer be available for a reasonable-employment position. | 2 | 1996–1997 |
Felcoskie v. Lakey Foundry Corp.
green
1 sentence2000The Court further concluded that, whenever an employer sought to assert the total disability requirement of MCL 417.4; MSA 17.223, “such employer shall bear the burden of proving that such disease is so common and widespread as to present a threat to the industry comparable to silicosis, phthisis, or pneumoconiosis.” Felcoskie, supra at 446 . | 1 | 2000–2000 |
Bower v. Whitehall Leather Co.
green
2 sentences1996The economic necessity of a claimant securing a means of support pending resolution of a disability claim was noted by this Court in Paschke, supra at 517 , and in Bower, supra at 193 . [I]t is important to recognize that if the employer does not pay compensation voluntarily, the employee may be without any means of support until an award of benefits is made by the referee at the hearing, [id.] We do recognize, however, that if Mr. Derr has permanently removed himself from the job market, he may no longer be available for a reasonable-employment position. 1996The economic necessity of a claimant securing a means of support pending resolution of a disability claim was noted by this Court in Paschke, supra at 517 , 519 N.W.2d 441 , and in Bower, supra at 193 , 312 N.W.2d 640 . [I]t is important to recognize that if the employer does not pay compensation voluntarily, the employee may be without any means of support until an award of benefits is made by the referee at the hearing. [ Id. ] We do recognize, however, that if Mr. Derr has permanently removed himself from the job market, he may no longer be available for a reasonable-employment position. | 1 | 1996–1996 |
Kostamo v. Marquette Iron Mining Co.
green
2 sentences1993A copy of Kostamo, supra, was even attached to the task force report discussing the issue. 1993A copy of Kostamo, supra, was even attached to the task force report discussing the issue. | 1 | 1993–1993 |
Adair v. Metropolitan Building Co
green
2 sentences1988See Kaarto, supra; Adair v Metropolitan Building Co, 38 Mich App 393 ; 196 NW2d 335 (1972). 5 Consistent with the holding in Hurd, supra, I conclude that § 373 is substantive as well as procedural in nature. 1988See Kaarto, supra; Adair v Metropolitan Building Co, 38 Mich App 393 ; 196 NW2d 335 (1972). 5 Consistent with the holding in Hurd, supra, I conclude that § 373 is substantive as well as procedural in nature. | 1 | 1988–1988 |
Hurd v. Ford Motor Co.
green
2 sentences1988See Kaarto, supra; Adair v Metropolitan Building Co, 38 Mich App 393 ; 196 NW2d 335 (1972). [5] Consistent with the holding in Hurd, supra, I conclude that § 373 is substantive as well as procedural in nature. 1988See Kaarto, supra; Adair v Metropolitan Building Co, 38 Mich App 393 ; 196 NW2d 335 (1972). 5 Consistent with the holding in Hurd, supra, I conclude that § 373 is substantive as well as procedural in nature. | 1 | 1988–1988 |
Kirk v. Heckler
green
1 sentence1987See Mowery, supra, pp 969-970; Kirk v Secretary of Health & Human Services, 667 F2d 524, 528 (CA 6, 1981), cert den 461 US 957 ; 103 S Ct 2428 ; 77 L Ed 2d 1315 (1983). | 1 | 1987–1987 |
Cintolo v. United States
green
1 sentence1987See Mowery, supra, pp 969-970; Kirk v Secretary of Health & Human Services, 667 F2d 524, 528 (CA 6, 1981), cert den 461 US 957 ; 103 S Ct 2428 ; 77 L Ed 2d 1315 (1983). | 1 | 1987–1987 |
Patterson v. United States
green
1 sentence1987See Mowery, supra, pp 969-970; Kirk v Secretary of Health & Human Services, 667 F2d 524, 528 (CA 6, 1981), cert den 461 US 957 ; 103 S Ct 2428 ; 77 L Ed 2d 1315 (1983). | 1 | 1987–1987 |
People v. Marsh
neutral
1 sentence1970Beyond that, however, there is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the government’s disability to challenge his credibility.” In this Court’s recent case of People v. Marsh (1968), 14 Mich App 518 , rev (1970), 383 Mich 495 , 13 *611 we were faced with the attempted use by the prosecution of * * * an illegally obtained confession for cross-examination purposes. | 1 | 1970–1970 |
People v. Marsh
green
1 sentence1970Beyond that, however, there is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the government’s disability to challenge his credibility.” In this Court’s recent case of People v. Marsh (1968), 14 Mich App 518 , rev (1970), 383 Mich 495 , 13 *611 we were faced with the attempted use by the prosecution of * * * an illegally obtained confession for cross-examination purposes. | 1 | 1970–1970 |
Agnello v. United States
green
2 sentences1969“The situation here involved is to be sharply contrasted with that presented by Agnello v. United States, 269 US 20 ( 46 S Ct 4 , 70 L Ed 145 ). 1969“The situation here involved is to be sharply contrasted with that presented by Agnello v. United States, 269 US 20 ( 46 S Ct 4 , 70 L Ed 145 ). | 1 | 1969–1969 |
Palms v. Palms
green
1 sentence1914As the will spoke from the date of the testator’s death, there was then no statute which would relieve the bequest from the disability of the rule against perpetuities, and this court could not sustain the validity of the bequest of the $100 involved without overruling the case of Palms v. Palms, 68 Mich. 379 ( 36 N. W. 419 ). | 1 | 1914–1914 |
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.
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.