claim of constitutional error (Michigan) · Go Syfert
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claim of constitutional error in Michigan

11 Michigan opinions name it 1 courts 2002–2020 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 (4)

CaseFollowedCited
People v. Carinesgreen
mich · 1999 · cited in 2 Michigan opinions naming this issue, 2015–2015
2 sentences

2015People v Carines, 460 Mich 750, 763-765 ; 597 NW2d 130 (1999).

2015Regardless, even if the issue were not waived, our review would be for outcome determinative error since Edwards failed to object to either visit or the alleged testimony below.11 Carines, 460 Mich at 764-765 (a claim of constitutional error requires a contemporaneous objection to preserve it for appeal); see also People v Broadnax, 57 Mich App 621, 622-623 ; 226 NW2d 589 (1975) (defendant could not raise this issue for first time on appeal where, among other things, defense counsel participated in the judge’s viewing of the scene and did not object).

12
People v. Lockridgegreen
mich · 2015 · cited in 1 Michigan opinions naming this issue, 2020–2020
2 sentences

2020See People v Lockridge, 498 Mich 358, 392 ; 870 NW2d 502 (2015) (finding that Sixth Amendment issue was not preserved when the defendant did not raise the constitutional objection at sentencing).

2020See People v Lockridge, 498 Mich 358, 392 ; 870 NW2d 502 (2015) (finding that Sixth Amendment issue was not preserved when the defendant did not raise the constitutional objection at sentencing).

11
People v. Coygreen
michctapp · 2003 · cited in 1 Michigan opinions naming this issue, 2016–2016
2 sentences

2016See People v Coy, 258 Mich App 1, 12 ; 669 NW2d 831 (2003).

2016See People v Coy, 258 Mich App 1, 12 ; 669 NW2d 831 (2003).

11
People v. Broadnaxgreen
michctapp · 1975 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015Regardless, even if the issue were not waived, our review would be for outcome determinative error since Edwards failed to object to either visit or the alleged testimony below.11 Carines, 460 Mich at 764-765 (a claim of constitutional error requires a contemporaneous objection to preserve it for appeal); see also People v Broadnax, 57 Mich App 621, 622-623 ; 226 NW2d 589 (1975) (defendant could not raise this issue for first time on appeal where, among other things, defense counsel participated in the judge’s viewing of the scene and did not object).

2015Regardless, even if the issue were not waived, our review would be for outcome determinative error since Edwards failed to object to either visit or the alleged testimony below.11 Carines, 460 Mich at 764-765 (a claim of constitutional error requires a contemporaneous objection to preserve it for appeal); see also People v Broadnax, 57 Mich App 621, 622-623 ; 226 NW2d 589 (1975) (defendant could not raise this issue for first time on appeal where, among other things, defense counsel participated in the judge’s viewing of the scene and did not object).

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 (8)

CaseCitedYears
In re TK green
michctapp · 2014
2 sentences

2020In re TK, 306 Mich App 698, 703 ; 859 NW2d 208 (2014).

2020In re TK, 306 Mich App 698, 703 ; 859 NW2d 208 (2014).

12020–2020
People v. McPherson green
michctapp · 2004
2 sentences

2018People v. McPherson , 263 Mich. App. 124 , 131, 687 N.W.2d 370 (2004).

2018People v. McPherson , 263 Mich. App. 124 , 131, 687 N.W.2d 370 (2004).

12018–2018
In Re Williams green
michctapp · 2009
2 sentences

2016In re Williams, 286 Mich App 253, 274 ; 779 NW2d 286 (2009).

2016In re Williams, 286 Mich App 253, 274 ; 779 NW2d 286 (2009).

12016–2016
People v. McLaughlin green
michctapp · 2003
2 sentences

2016People v McLaughlin, 258 Mich App 635, 669-670 ; 672 NW2d 860 (2003).

2016People v McLaughlin, 258 Mich App 635, 669-670 ; 672 NW2d 860 (2003).

12016–2016
Batson v. Kentucky green
scotus · 1986
2 sentences

2015In Batson v Kentucky, 476 US 79 ; 106 S Ct 1712 ; 90 L Ed 2d 69 (1986), the United States Supreme Court detailed a three-step analysis for considering a claim of constitutional violation by way of a peremptory challenge based on race, which the Michigan Supreme Court outlined in Knight: First, the opponent of the peremptory challenge must make a prima facie showing of discrimination.

2015In Batson v Kentucky, 476 US 79 ; 106 S Ct 1712 ; 90 L Ed 2d 69 (1986), the United States Supreme Court detailed a three-step analysis for considering a claim of constitutional violation by way of a peremptory challenge based on race, which the Michigan Supreme Court outlined in Knight: First, the opponent of the peremptory challenge must make a prima facie showing of discrimination.

12015–2015
People v. Rodriguez green
michctapp · 2002
2 sentences

2004People v Rodriguez, 251 Mich App 10, 25 ; 650 NW2d 96 (2002).

2004People v Rodriguez, 251 Mich App 10, 25 ; 650 NW2d 96 (2002).

12004–2004
People v. Brown green
michctapp · 1997
2 sentences

2002Although the trial court’s failure to consider this issue renders it unpreserved, we nonetheless consider this claim of constitutional error because it involves a dis-positive legal question and the record is factually sufficient. 5 People v Grant, 445 Mich 535, 546-547 ; 520 NW2d 123 (1994); People v Brown, 220 Mich App 680, 681 ; 560 NW2d 80 (1996).

2002Although the trial court’s failure to consider this issue renders it unpreserved, we nonetheless consider this claim of constitutional error because it involves a dis-positive legal question and the record is factually sufficient. 5 People v Grant, 445 Mich 535, 546-547 ; 520 NW2d 123 (1994); People v Brown, 220 Mich App 680, 681 ; 560 NW2d 80 (1996).

12002–2002
People v. Grant green
mich · 1994
2 sentences

2002Although the trial court’s failure to consider this issue renders it unpreserved, we nonetheless consider this claim of constitutional error because it involves a dis-positive legal question and the record is factually sufficient. 5 People v Grant, 445 Mich 535, 546-547 ; 520 NW2d 123 (1994); People v Brown, 220 Mich App 680, 681 ; 560 NW2d 80 (1996).

2002Although the trial court’s failure to consider this issue renders it unpreserved, we nonetheless consider this claim of constitutional error because it involves a dis-positive legal question and the record is factually sufficient. 5 People v Grant, 445 Mich 535, 546-547 ; 520 NW2d 123 (1994); People v Brown, 220 Mich App 680, 681 ; 560 NW2d 80 (1996).

12002–2002

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (5) MI § Mich. Comp. Laws § 750.224f (3) MI § Mich. Comp. Laws § 750.316 (3) MI § Mich. Comp. Laws § 750.83 (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

CT 574 (1982–2026) TX 18 (1997–2019) WA 18 (1950–2025) MI 11 (2002–2020) WI 11 (1979–2020) CA 8 (1967–2019) MO 6 (1986–2023) UT 5 (2005–2016) NY 5 (1969–2002) FL 4 (2000–2008) NM 4 (1988–2007) PA 3 (1966–2021) KS 3 (1994–2022) OH 2 (2003–2004) IN 2 (1987–1987) SC 2 (2016–2025) WV 2 (2013–2013) MA 2 (1997–2024) CO 2 (2002–2011) AK 2 (1984–2014) NC 2 (2024–2025)

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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