Addressing defendant (Michigan) · Go Syfert
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Addressing defendant in Michigan

11 Michigan opinions name it 1 courts 2015–2026 1 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 (2)

CaseFollowedCited
People v. Metamora Water Service, Incgreen
michctapp · 2007 · cited in 1 Michigan opinions naming this issue, 2026–2026
2 sentences

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

11
People v. Stanawaygreen
mich · 1994 · cited in 1 Michigan opinions naming this issue, 2016–2016
1 sentence

2016This need might exist in every case involving an accusation of criminal sexual conduct.” Stanaway, 446 Mich at 681 (emphasis added).

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 (10)

CaseCitedYears
People v. Norfleet green
michctapp · 2016
2 sentences

2018Addressing defendant’s proportionality argument first, we note that “a proportionality challenge to a given sentence must be based on the individual term imposed and not on the cumulative effect of multiple sentences.” Norfleet, 317 Mich App at 663 .

2018Addressing defendant’s proportionality argument first, we note that “a proportionality challenge to a given sentence must be based on the individual term imposed and not on the cumulative effect of multiple sentences.” Norfleet, 317 Mich App at 663 .

22018–2018
People v. McGhee green
michctapp · 2006
2 sentences

2017However, “attacking the credibility of a theory advanced by a defendant does not shift the burden of proof.” People v McGhee, 268 Mich App 600, 635 ; 709 NW2d 595 (2005).

2017However, “attacking the credibility of a theory advanced by a defendant does not shift the burden of proof.” People v McGhee, 268 Mich App 600, 635 ; 709 NW2d 595 (2005).

22015–2017
People v. Fields green
mich · 1995
2 sentences

2017Addressing defendant’s burden shifting argument, “shifting the burden of proof or persuasion on an element of the crime charged violates due process.” People v Fields, 450 Mich 94, 113 ; 538 NW2d 356 (1995).

2017Addressing defendant’s burden shifting argument, “shifting the burden of proof or persuasion on an element of the crime charged violates due process.” People v Fields, 450 Mich 94, 113 ; 538 NW2d 356 (1995).

22015–2017
Brady v. Maryland green
scotus · 1963
2 sentences

2017Addressing defendant’s claim that the prosecution improperly withheld Nielsen’s photographs before trial, defendant is not entitled to relief.2 In Brady v Maryland, 373 US 83, 87 ; 83 S Ct 1194 ; 10 L Ed 2d 215 (1963), the United States Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” To establish a Brady violation, a defendant must prove that: (1) the prosecution suppressed evidence, (

2017Addressing defendant’s claim that the prosecution improperly withheld Nielsen’s photographs before trial, defendant is not entitled to relief.2 In Brady v Maryland, 373 US 83, 87 ; 83 S Ct 1194 ; 10 L Ed 2d 215 (1963), the United States Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” To establish a Brady violation, a defendant must prove that: (1) the prosecution suppressed evidence, (

22017–2017
People v. Chenault green
mich · 2014
2 sentences

2017People v Chenault, 495 Mich 142, 155 ; 845 NW2d 731 (2014).

2017People v Chenault, 495 Mich 142, 155 ; 845 NW2d 731 (2014).

22017–2017
People v. Hershey green
michctapp · 2013
2 sentences

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

12026–2026
People v. Chelmicki green
michctapp · 2014
2 sentences

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

2026See People v Metamora Water Serv, Inc, 276 Mich App 376, 387-388 ; 741 NW2d 61 (2007) (“It is the duty of the Supreme Court to overrule . . . caselaw . . . [; however,] the Court of Appeals and the lower courts are bound by the precedent established by the Supreme Court until it takes such action.”) Addressing defendant’s challenge to the sentencing court’s assessment of 10 points for OV 19, this issue is unpreserved because there was no objection. “[T]his Court may review an unpreserved scoring issue for plain error affecting substantial rights.” People v Chelmicki, 305 Mich App 58, 68 ; 850

12026–2026
Lafler v. Cooper green
scotus · 2012
1 sentence

2016Lafler, ___ US at ___; 132 S Ct at 1384 .

12016–2016
People v. Lemmon green
mich · 1998
2 sentences

2016Our Supreme Court has stated that “to support a new trial, the witness testimony must ‘contradict[] indisputable physical facts or laws,’ be ‘patently incredible or def[y] physical realities,’ be ‘so inherently implausible that it could not be believed by a reasonable juror,’ or have been ‘seriously impeached’ in a case that was ‘marked by uncertainties and discrepancies.’ ” People v Lemmon, 456 Mich 625, 636 ; 576 NW2d 129 (1988).

2016Our Supreme Court has stated that “to support a new trial, the witness testimony must ‘contradict[] indisputable physical facts or laws,’ be ‘patently incredible or def[y] physical realities,’ be ‘so inherently implausible that it could not be believed by a reasonable juror,’ or have been ‘seriously impeached’ in a case that was ‘marked by uncertainties and discrepancies.’ ” People v Lemmon, 456 Mich 625, 636 ; 576 NW2d 129 (1988).

12016–2016
Stallworth v. Stallworth green
michctapp · 2007
2 sentences

2016This Court discussed child support in Stallworth v Stallworth, 275 Mich App 282, 284-285 ; 738 NW2d 264 (2007): According to the . . .

2016This Court discussed child support in Stallworth v Stallworth, 275 Mich App 282, 284-285 ; 738 NW2d 264 (2007): According to the . . .

12016–2016

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 769.12 (5) MI § Mich. Comp. Laws § 750.520b (4) MI § Mich. Comp. Laws § 750.84 (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

NY 50 (1981–2026) IL 26 (1986–2026) NJ 16 (1982–2025) MI 11 (2015–2026) CA 8 (1991–2024) TX 7 (1986–2019) PA 5 (1986–2025) LA 5 (1985–2005) CO 3 (1994–2012) OR 3 (1997–2016) WA 3 (2007–2014) UT 3 (2001–2024) AZ 2 (2016–2016) GA 2 (1938–1999) IN 2 (2003–2018) NC 2 (2000–2014) OK 2 (1917–1981) RI 2 (2017–2026)

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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