instructions presumption (Michigan) · Go Syfert
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instructions presumption in Michigan

11 Michigan opinions name it 2 courts 1969–2023 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 (1)

CaseFollowedCited
Sun Valley Foods Co. v. Wardgreen
mich · 1999 · cited in 2 Michigan opinions naming this issue, 2017–2018
2 sentences

2018See Sun Valley Foods Co v Ward, 460 Mich 230, 237 ; 596 NW2d 119 (1999) (“The statutory language must be read and understood in its grammatical context, unless it is clear that something different was intended.”); Comer, 500 Mich at 289 (stating that the same broad legal principles governing the interpretation of statutes apply to the interpretation of court rules).

2018See Sun Valley Foods Co v Ward, 460 Mich 230, 237 ; 596 NW2d 119 (1999) (“The statutory language must be read and understood in its grammatical context, unless it is clear that something different was intended.”); Comer, 500 Mich at 289 (stating that the same broad legal principles governing the interpretation of statutes apply to the interpretation of court rules).

22

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 of Michigan v. David Joseph Miller green
michctapp · 2019
2 sentences

2020Id.

2019Id.

22019–2020
Monaghan v. Agricultural Fire Insurance green
mich · 1884
1 sentence

2023Id. at 255 .

12023–2023
United Gratiot Furniture Mart, Inc. v. Michigan Basic Property Insurance green
michctapp · 1987
2 sentences

2020Accordingly, the K & T Enterprise court agreed with the insurer’s reading of United Gratiot as stating that “complete control of the corporation is a sufficient condition to proper denial of liability, but . . . the facts of that case do not require our court to conclude that complete control is a necessary condition for proper denial of liability.” Id. at 177 . 3 United Gratiot, 159 Mich App at 97-98 . 4 Id. at 102 . 5 The trial court confessed that “the instructions as to this test of ‘dominance and control’ were scanty . . . .” Id. at 103 .

2020Accordingly, the K & T Enterprise court agreed with the insurer’s reading of United Gratiot as stating that “complete control of the corporation is a sufficient condition to proper denial of liability, but . . . the facts of that case do not require our court to conclude that complete control is a necessary condition for proper denial of liability.” Id. at 177 . 3 United Gratiot, 159 Mich App at 97-98 . 4 Id. at 102 . 5 The trial court confessed that “the instructions as to this test of ‘dominance and control’ were scanty . . . .” Id. at 103 .

12020–2020
K & T Enterprises, Inc., D/B/A Dairy Queen of Blissfield, and Tahani Khoury v. Zurich Insurance Company, Cross-Appellee green
ca6 · 1996
1 sentence

2020Accordingly, the K & T Enterprise court agreed with the insurer’s reading of United Gratiot as stating that “complete control of the corporation is a sufficient condition to proper denial of liability, but . . . the facts of that case do not require our court to conclude that complete control is a necessary condition for proper denial of liability.” Id. at 177 . 3 United Gratiot, 159 Mich App at 97-98 . 4 Id. at 102 . 5 The trial court confessed that “the instructions as to this test of ‘dominance and control’ were scanty . . . .” Id. at 103 .

12020–2020
People v. Jones neutral
michctapp · 1977
2 sentences

1987People v Jones, 78 Mich App 309, 314 ; 259 NW2d 359 (1977).

1987People v Jones, 78 Mich App 309, 314 ; 259 NW2d 359 (1977).

11987–1987
People v. Manuel Johnson green
michctapp · 1975
2 sentences

1980Cf., People v Manuel Johnson, 58 Mich App 347, 355-356 ; 227 NW2d 337 (1975), People v McIntosh, 6 Mich App 62, 69-70 ; 148 NW2d 220 (1967).

1980Cf., People v Manuel Johnson, 58 Mich App 347, 355-356 ; 227 NW2d 337 (1975), People v McIntosh, 6 Mich App 62, 69-70 ; 148 NW2d 220 (1967).

11980–1980
People v. McIntosh green
michctapp · 1967
2 sentences

1980Cf., People v Manuel Johnson, 58 Mich App 347, 355-356 ; 227 NW2d 337 (1975), People v McIntosh, 6 Mich App 62, 69-70 ; 148 NW2d 220 (1967).

1980Cf., People v Manuel Johnson, 58 Mich App 347, 355-356 ; 227 NW2d 337 (1975), People v McIntosh, 6 Mich App 62, 69-70 ; 148 NW2d 220 (1967).

11980–1980
People v. Haney green
michctapp · 1978
2 sentences

1979People v Haney, 86 Mich App 311, 318 ; 272 NW2d 640 (1978), inter alia.

1979People v Haney, 86 Mich App 311, 318 ; 272 NW2d 640 (1978), inter alia.

11979–1979
People v. Hearn green
mich · 1958
2 sentences

1978Even though there was no request for this instruction or any objections to the ones given, reversible error is committed if the judge fails to instruct the jury on an essential element of the offense, People v Hearn, 354 Mich 468 ; 93 NW2d 302 (1958).

1978Even though there was no request for this instruction or any objections to the ones given, reversible error is committed if the judge fails to instruct the jury on an essential element of the offense, People v Hearn, 354 Mich 468 ; 93 NW2d 302 (1958).

11978–1978
People v. Ignofo green
mich · 1946
1 sentence

1969People v. Ignofo (1946), 315 Mich 626 . 14 Eldridge was being prosecuted in a separate case and bad pleaded not guilty. 15 We have already noted that defendant failed to object to the instructions and could not claim this alone as error. 16 When this questioning started, the court quite eommendably in-_ vited defense counsel to object.

11969–1969

Statutes the citing opinions construe

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

CA 40 (1903–2026) IL 23 (1907–2024) MA 22 (1942–2021) WA 15 (1937–2026) GA 13 (1925–2026) MI 11 (1969–2023) MO 11 (1901–2023) TX 10 (1976–2024) NY 9 (1972–2016) IA 9 (1856–2014) KY 9 (1940–2024) KS 8 (1915–2024) TN 7 (1970–2018) CO 7 (1972–2012) MD 7 (1967–2020) IN 7 (1891–2019) NV 7 (1968–2017) OH 6 (1990–2026) FL 6 (1981–2013) NC 6 (1951–2025) CT 5 (1983–2012) MS 5 (1884–1982) OR 5 (1940–2024) OK 5 (1924–1997) NM 5 (1932–2023) AZ 4 (1994–2016) AL 4 (1992–2014) PA 4 (1971–2021) MT 4 (1930–2017) MN 4 (1916–2017) WI 3 (1991–2021) ND 3 (1955–1983) NE 3 (1940–1991) NJ 3 (2006–2022) VT 2 (2002–2016) VA 2 (1936–2023)

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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