incomplete instruction (Michigan) · Go Syfert
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incomplete instruction in Michigan

11 Michigan opinions name it 2 courts 2015–2021 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. McKINLEYgreen
mich · 2014 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017See, e.g., People v McKinley, 496 Mich 410, 422 ; 852 NW2d 770 (2014) (in considering whether to overrule our prior decision, noting that the analysis in that prior decision was “incomplete”).

2017See, e.g., People v McKinley, 496 Mich 410, 422 ; 852 NW2d 770 (2014) (in considering whether to overrule our prior decision, noting that the analysis in that prior decision was “incomplete”).

22
Gleason v. Department of Transportationgreen
michctapp · 2003 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015See Gleason v Dep’t of Transp, 256 Mich App 1, 3 ; 662 NW2d 822 (2003) (“A trial court’s ruling may be upheld on appeal where the right result issued, albeit for the wrong reason.”).

2015See Gleason v Dep’t of Transp, 256 Mich App 1, 3 ; 662 NW2d 822 (2003) (“A trial court’s ruling may be upheld on appeal where the right result issued, albeit for the wrong reason.”).

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 (5)

CaseCitedYears
Henderson v. Kibbe green
scotus · 1977
2 sentences

2021“An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.” Henderson v Kibbe, 431 US 145, 155 ; 97 S Ct 1730 ; 52 L Ed 2d 203 (1977).

2021“An omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law.” Henderson v Kibbe, 431 US 145, 155 ; 97 S Ct 1730 ; 52 L Ed 2d 203 (1977).

72018–2021
People v. Kurr green
michctapp · 2002
2 sentences

2021Thus, “[n]o error results from the absence of an instruction as long as the instructions as a whole cover the substance of the missing instruction.” People v Kurr, 253 Mich App 317, 327 ; 654 NW2d 651 (2002).

2021Thus, “[n]o error results from the absence of an instruction as long as the instructions as a whole cover the substance of the missing instruction.” People v Kurr, 253 Mich App 317, 327 ; 654 NW2d 651 (2002).

22020–2021
Samantar v. Yousuf green
scotus · 2010
2 sentences

2017Although the Court’s analysis of that issue was binding as to the parties in that case, it was not the focus of the Court’s opinion. 4 To the extent that Great Wolf Lodge can be read to hold that Rule 411 is applicable in cases involving disputes between PSC-regulated utilities and municipal utilities over which entity can provide electric service, it was wrongly decided because it 3 For example, “use of the word ‘include’ can signal that the list that follows is meant to be illustrative rather than exhaustive.” Samantar v Yousuf, 560 US 305, 317 ; 130 S Ct 2278 ; 176 L Ed 2d 1047 (2010). 4 No

2017Although the Court’s analysis of that issue was binding as to the parties in that case, it was not the focus of the Court’s opinion. 4 To the extent that Great Wolf Lodge can be read to hold that Rule 411 is applicable in cases involving disputes between PSC-regulated utilities and municipal utilities over which entity can provide electric service, it was wrongly decided because it 3 For example, “use of the word ‘include’ can signal that the list that follows is meant to be illustrative rather than exhaustive.” Samantar v Yousuf, 560 US 305, 317 ; 130 S Ct 2278 ; 176 L Ed 2d 1047 (2010). 4 No

22017–2017
People v. Torres green
michctapp · 1997
2 sentences

2018Because the jury is presumed to follow these instructions, People v Torres, 222 Mich App 411, 423 ; 564 NW2d 149 (1997), we conclude there is no reasonable probability that the incomplete instruction was prejudicial.

2018Because the jury is presumed to follow these instructions, People v Torres, 222 Mich App 411, 423 ; 564 NW2d 149 (1997), we conclude there is no reasonable probability that the incomplete instruction was prejudicial.

12018–2018
People v. Kowalski green
mich · 2011
1 sentence

2018In Kowalski, 489 Mich at 501-502 , the Michigan Supreme Court explained that even though the trial court had omitted instructing the jury on an element of the charged offense: Instructional errors that omit an element of an offense, or otherwise misinform the jury of an offense’s elements, do not necessarily render a criminal trial fundamentally unfair or an unreliable vehicle for determining guilt or innocence.

12018–2018

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.224f (4) MI § Mich. Comp. Laws § 750.227b (4)

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

FL 42 (1987–2024) CA 32 (1943–2026) TX 19 (1973–2023) IL 13 (1928–2023) IN 11 (1921–2014) MI 11 (2015–2021) CT 10 (1982–2024) WA 10 (1989–2011) WV 10 (1902–2016) PA 10 (1977–2023) OK 7 (1920–2024) NJ 7 (1979–2026) WI 6 (1969–2020) VA 5 (1905–2005) OR 5 (1962–2016) NM 5 (1959–2022) CO 5 (1921–2025) GA 5 (1932–2022) NC 4 (1986–2024) AZ 4 (1988–2020) VT 4 (1974–1993) IA 4 (1995–2018) DC 4 (1977–2012) OH 4 (1984–2017) MS 3 (2003–2021) ME 2 (1996–2002) NY 2 (1993–2009) MD 2 (1997–2017) ND 2 (2010–2010) SD 2 (1995–2021) MA 2 (2009–2011) WY 2 (1983–2020)

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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