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11 Michigan opinions name it 2 courts 1968–2018 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 |
|---|---|---|
United States v. Nolden Garner, Jr., Also Known as William H. Hill, Robert Williams, Junior Gardnergreen2 sentences1996United States v Baggett, 901 F2d 1546, 1550 (CA 11, 1990), held that “the double jeopardy clause [does not] bar[ ] prosecution for counts dismissed as a result of a subsequently withdrawn plea bargain.” United States v Gamer, 32 F3d 1305, 1311, n 6 (CA 8, 1994), cited by the lead opinion, states, “Even if the double jeopardy did apply, Gamer’s claims are without merit” The court’s opinion did not depend on this resolution, and the degree of analysis reflects its lack of importance in that case. 1996As we see it, this Court is remanding the cases for evaluation under the statute without prejudice to the parties' arguments under Cooper. [39] Op. at 392. [40] United States v. Baggett, 901 F.2d 1546, 1550 (C.A.11, 1990), held that "the double jeopardy clause [does not] bar[] prosecution for counts dismissed as a result of a subsequently withdrawn plea bargain." [41] United States v. Garner, 32 F.3d 1305, 1311, n. 6 (C.A.8, 1994), cited by the majority, states, "Even if the double jeopardy did apply, Garner's claims are without merit." The court's opinion did not depend on this resolution, an | 1 | 1 |
cluster 524260green1 sentence1996Similarly, United States v. Soto-Alvarez, 958 F.2d 473, 482, n. 7 (C.A.1, 1992), simply cites United States v. Garcia-Rosa, 876 F.2d 209, 235 (C.A.1, 1989), in which the court explained what the defendant was not arguing. | 1 | 1 |
United States v. Lonnie C. Baggett, Jr.green1 sentence1996As we see it, this Court is remanding the cases for evaluation under the statute without prejudice to the parties' arguments under Cooper. [39] Op. at 392. [40] United States v. Baggett, 901 F.2d 1546, 1550 (C.A.11, 1990), held that "the double jeopardy clause [does not] bar[] prosecution for counts dismissed as a result of a subsequently withdrawn plea bargain." [41] United States v. Garner, 32 F.3d 1305, 1311, n. 6 (C.A.8, 1994), cited by the majority, states, "Even if the double jeopardy did apply, Garner's claims are without merit." The court's opinion did not depend on this resolution, an | 1 | 1 |
United States v. Pedro Soto-Alvarez, United States of America v. Pedro Soto-Alvarezgreen1 sentence1996Similarly, United States v. Soto-Alvarez, 958 F.2d 473, 482, n. 7 (C.A.1, 1992), simply cites United States v. Garcia-Rosa, 876 F.2d 209, 235 (C.A.1, 1989), in which the court explained what the defendant was not arguing. | 1 | 1 |
People v. Robinsongreen2 sentences1981See also, People v Robinson, 386 Mich 551, 563 ; 194 NW2d 709 (1972). 1981See also, People v Robinson, 386 Mich 551, 563 ; 194 NW2d 709 (1972). | 1 | 1 |
Burgett v. Texasgreen2 sentences1969In this case the defendant is aided by the fact that the record shows that he did not have the assistance of counsel when he pled guilty or at the degree hearing and, by the rule of Burgett v. Texas (1967), 389 US 109, 114 ( 88 S Ct 258 , 19 L Ed 2d 319 ), such a record raises “a presumption that petitioner was denied his right to counsel * * * , and therefore that his conviction was void.” 11 The people also argue that even if the defendant was not informed of his right to counsel, he was aware of this right from his prior experience with the law, and, therefore, he knew he could obtain the a 1969In this case the defendant is aided by the fact that the record shows that he did not have the assistance of counsel when he pled guilty or at the degree hearing and, by the rule of Burgett v. Texas (1967), 389 US 109, 114 ( 88 S Ct 258 , 19 L Ed 2d 319 ), such a record raises “a presumption that petitioner was denied his right to counsel * * * , and therefore that his conviction was void.” 11 The people also argue that even if the defendant was not informed of his right to counsel, he was aware of this right from his prior experience with the law, and, therefore, he knew he could obtain the a | 1 | 1 |
Hundley v. Martinezgreen1 sentence1968See, also, Hundley v. Martinez (1967), 151 W Va 977 ( 158 SE2d 159 ), for West Virginia’s modification of the “locality rule”. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cummins v. Robinson Township
green
2 sentences2018Although our Due Process Clause is interpreted coextensively with the Due Process Clause of the United States Constitution, Cummins v. Robinson Twp. , 283 Mich. App. 677 , 700-701, 770 N.W.2d 421 (2009), we do not believe that the federal courts' application and interpretation of the right to bodily integrity provides an appropriate degree of claim specificity under our own prior jurisprudence. 2018Although our Due Process Clause is interpreted coextensively with the Due Process Clause of the United States Constitution, Cummins v. Robinson Twp. , 283 Mich. App. 677 , 700-701, 770 N.W.2d 421 (2009), we do not believe that the federal courts' application and interpretation of the right to bodily integrity provides an appropriate degree of claim specificity under our own prior jurisprudence. | 2 | 2018–2018 |
Washington v. Washington
green
2 sentences2018Although our Due Process Clause is interpreted coextensively with the Due Process Clause of the United States Constitution, Cummins v Robinson Twp, 283 Mich App 667 , 700-701; 770 NW2d 421 (2009), we do not believe that the federal courts’ application and interpretation of the right to bodily integrity -28- provides an appropriate degree of claim specificity under our own prior jurisprudence. 2018Although our Due Process Clause is interpreted coextensively with the Due Process Clause of the United States Constitution, Cummins v Robinson Twp, 283 Mich App 667 , 700-701; 770 NW2d 421 (2009), we do not believe that the federal courts’ application and interpretation of the right to bodily integrity -28- provides an appropriate degree of claim specificity under our own prior jurisprudence. | 2 | 2018–2018 |
Imbler v. Pachtman
green
2 sentences1988Imbler, supra, p 430 . 1984Imbler, supra, p 430 . | 2 | 1984–1988 |
People v. Dunn
green
2 sentences1973Nor, this Court subsequently ruled, was there even a requirement that the defendant be advised of the maximum and of any minimum sentence that might or must be imposed (People v Dunn, 380 Mich 693 ; 158 NW2d 404 [1968]), let alone that, if convicted of first-degree murder, he would not be eligible for parole. 1973Nor, this Court subsequently ruled, was there even a requirement that the defendant be advised of the maximum and of any minimum sentence that might or must be imposed (People v Dunn, 380 Mich 693 ; 158 NW2d 404 [1968]), let alone that, if convicted of first-degree murder, he would not be eligible for parole. | 2 | 1969–1973 |
People v. Watkins
neutral
1 sentence2003Corrigan, C.J., and Cavanagh, Weaver, Kelly, Taylor, Young, and Markman, JJ., concurred. 1 467 Mich 868 (2002). 2 (B) An Understanding Plea. | 1 | 2003–2003 |
Mitchell v. United States
green
2 sentences2003A defendant who withholds information by invoking the privilege against self-incrimination at a plea colloquy runs the risk the . . . court will find the factual basis inadequate. [Mitchell v United States, 526 US 314, 324 ; 119 S Ct 1307 ; 143 L Ed 2d 424 (1999).] The degree hearing is simply an extension of the plea hearing. 2003A defendant who withholds information by invoking the privilege against self-incrimination at a plea colloquy runs the risk the . . . court will find the factual basis inadequate. [Mitchell v United States, 526 US 314, 324 ; 119 S Ct 1307 ; 143 L Ed 2d 424 (1999).] The degree hearing is simply an extension of the plea hearing. | 1 | 2003–2003 |
People v. Case
green
2 sentences2001People v Case, 7 Mich App 217, 225 ; 151 NW2d 375 (1967); People v Roberts, 211 Mich 187, 194-195 ; 178 NW 690 (1920), overruled on other grounds in People v Kevorkian, 447 Mich 436 ; 527 NW2d 714 (1994). 2001Relying on Case, supra, this Court held that a degree hearing is not the equivalent of a trial and that the trial court did not err in eliciting information from the defendant. | 1 | 2001–2001 |
People v. Barrows
green
2 sentences2001The defendant challenged the trial court’s acceptance of the plea because the court did not directly question him to establish the existence of the crime and his participation in that crime as required by People v Barrows, 358 Mich 267, 272 ; 99 NW2d 347 (1959). 5 The Berry Court found that because the degree hearing process involves not only a plea, but a testimonial hearing and fact finding by the trial court, the analysis of a plea under the open murder statute should be different from that of a summary plea proceeding. 2001The defendant challenged the trial court’s acceptance of the plea because the court did not directly question him to establish the existence of the crime and his participation in that crime as required by People v Barrows, 358 Mich 267, 272 ; 99 NW2d 347 (1959). 5 The Berry Court found that because the degree hearing process involves not only a plea, but a testimonial hearing and fact finding by the trial court, the analysis of a plea under the open murder statute should be different from that of a summary plea proceeding. | 1 | 2001–2001 |
People v. Berry
green
2 sentences2001Further, the Pearson opinion does not indicate whether the defendant waived his Fifth Amendment right against self-incrimination during or sometime before the hearing, *22 nor does it indicate if the defendant objected to his compelled testimony. 4 This Court further explored the degree hearing procedure in People v Berry (On Remand), 198 Mich App 123 ; 497 NW2d 202 (1993). 2001Further, the Pearson opinion does not indicate whether the defendant waived his Fifth Amendment right against self-incrimination during or sometime before the hearing, *22 nor does it indicate if the defendant objected to his compelled testimony. 4 This Court further explored the degree hearing procedure in People v Berry (On Remand), 198 Mich App 123 ; 497 NW2d 202 (1993). | 1 | 2001–2001 |
People v. Pearson
neutral
2 sentences2001In People v Pearson, 24 Mich App 270 ; 180 NW2d 53 (1970), the defendant pleaded guilty of open murder, and the trial court conducted a degree hearing during which the court apparently questioned the defendant. 2001In People v Pearson, 24 Mich App 270 ; 180 NW2d 53 (1970), the defendant pleaded guilty of open murder, and the trial court conducted a degree hearing during which the court apparently questioned the defendant. | 1 | 2001–2001 |
People v. Kevorkian
green
2 sentences2001People v Case, 7 Mich App 217, 225 ; 151 NW2d 375 (1967); People v Roberts, 211 Mich 187, 194-195 ; 178 NW 690 (1920), overruled on other grounds in People v Kevorkian, 447 Mich 436 ; 527 NW2d 714 (1994). 2001People v Case, 7 Mich App 217, 225 ; 151 NW2d 375 (1967); People v Roberts, 211 Mich 187, 194-195 ; 178 NW 690 (1920), overruled on other grounds in People v Kevorkian, 447 Mich 436 ; 527 NW2d 714 (1994). | 1 | 2001–2001 |
People v. Roberts
green
2 sentences2001People v Case, 7 Mich App 217, 225 ; 151 NW2d 375 (1967); People v Roberts, 211 Mich 187, 194-195 ; 178 NW 690 (1920), overruled on other grounds in People v Kevorkian, 447 Mich 436 ; 527 NW2d 714 (1994). 2001People v Case, 7 Mich App 217, 225 ; 151 NW2d 375 (1967); People v Roberts, 211 Mich 187, 194-195 ; 178 NW 690 (1920), overruled on other grounds in People v Kevorkian, 447 Mich 436 ; 527 NW2d 714 (1994). | 1 | 2001–2001 |
Payton v. Wayne County
green
2 sentences1988The Court’s reasoning was summarized in Payton v Wayne Co, 137 Mich App 361, 367 ; 357 NW2d 700 (1984): The Court reasoned that such activities were "intimately associated with the judicial phase of the criminal process,” and thus were activities which deserved the same degree of immunity as that provided under common law. 1988The Court’s reasoning was summarized in Payton v Wayne Co, 137 Mich App 361, 367 ; 357 NW2d 700 (1984): The Court reasoned that such activities were "intimately associated with the judicial phase of the criminal process,” and thus were activities which deserved the same degree of immunity as that provided under common law. | 1 | 1988–1988 |
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.