Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Michigan opinions name it 1 courts 1975–2026 2 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 |
|---|---|---|
People v. Bryantgreen2 sentences2020A defendant claiming a violation of the Sixth Amendment’s fair-cross-section requirement must set forth a prima facie case showing: (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. [Bryant, 491 Mich at 597 (quotation marks and citation omitted).] Under the second prong, when applyi 2020A defendant claiming a violation of the Sixth Amendment’s fair-cross-section requirement must set forth a prima facie case showing: (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process. [Bryant, 491 Mich at 597 (quotation marks and citation omitted).] Under the second prong, when applyi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McLaughlin
green
2 sentences2026The defendant claiming error must show that it is more probable than not that the alleged error affected the outcome of the trial in light of the weight of the properly admitted evidence.” People v McLaughlin, 258 Mich App 635, 650 ; 672 NW2d 860 (2003) (citations omitted). 2026The defendant claiming error must show that it is more probable than not that the alleged error affected the outcome of the trial in light of the weight of the properly admitted evidence.” People v McLaughlin, 258 Mich App 635, 650 ; 672 NW2d 860 (2003) (citations omitted). | 4 | 2019–2026 |
Stein v. Home-Owners Insurance
green
2 sentences2019A defendant claiming the defense of fraud must prove, by a preponderance of the evidence, Stein v Home-Owners Ins Co, 303 Mich App 382, 387-391 ; 843 NW2d 780 (2013), the following four elements: (1) the misrepresentation was material, (2) that it was false, (3) that the insured knew that it was false at the time it was made or that it was made recklessly, -6- without any knowledge of its truth, and (4) that the insured made the material misrepresentation with the intention that the insurer would act upon it. 2019A defendant claiming the defense of fraud must prove, by a preponderance of the evidence, Stein v Home-Owners Ins Co, 303 Mich App 382, 387-391 ; 843 NW2d 780 (2013), the following four elements: (1) the misrepresentation was material, (2) that it was false, (3) that the insured knew that it was false at the time it was made or that it was made recklessly, -6- without any knowledge of its truth, and (4) that the insured made the material misrepresentation with the intention that the insurer would act upon it. | 1 | 2019–2019 |
Bahri v. IDS Property Casualty Insurance
green
2 sentences2019A statement is material if it is reasonably relevant to the insurer’s investigation of a claim. [Bahri v IDS Prop Cas Ins Co, 308 Mich App 420, 424-425 ; 864 NW2d 609 (2014) (internal citation omitted).] A plaintiff seeking to establish common-law fraud must prove six elements by clear and convincing evidence: The general rule is that to constitute actionable fraud it must appear: (1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion; (4 2019A statement is material if it is reasonably relevant to the insurer’s investigation of a claim. [Bahri v IDS Prop Cas Ins Co, 308 Mich App 420, 424-425 ; 864 NW2d 609 (2014) (internal citation omitted).] A plaintiff seeking to establish common-law fraud must prove six elements by clear and convincing evidence: The general rule is that to constitute actionable fraud it must appear: (1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion; (4 | 1 | 2019–2019 |
People v. Hermiz
green
2 sentences2017Under Mezy , 453 Mich. at 282 -283 , 551 N.W.2d 389 (opinion by WEAVER , J.); id. at 286 , 551 N.W.2d 389 ( BRICKLEY , C.J., concurring in part and dissenting in part), a defendant claiming an exception or exemption under the CSA bears both the burden of production and the burden of persuasion and must demonstrate by a preponderance of the evidence that he or she is legally authorized to deliver a controlled substance. 2017Under Mezy , 453 Mich. at 282 -283 , 551 N.W.2d 389 (opinion by WEAVER , J.); id. at 286 , 551 N.W.2d 389 ( BRICKLEY , C.J., concurring in part and dissenting in part), a defendant claiming an exception or exemption under the CSA bears both the burden of production and the burden of persuasion and must demonstrate by a preponderance of the evidence that he or she is legally authorized to deliver a controlled substance. | 1 | 2017–2017 |
In Re Ayres
green
2 sentences2015In re Ayres, 239 Mich App 8, 22 ; 608 NW2d 132 (1999). 2015In re Ayres, 239 Mich App 8, 22 ; 608 NW2d 132 (1999). | 1 | 2015–2015 |
People v. Whittaker
green
2 sentences2003People v Whittaker, 465 Mich 422, 426-427 ; 635 NW2d 687 (2001). 2003People v Whittaker, 465 Mich 422, 426-427 ; 635 NW2d 687 (2001). | 1 | 2003–2003 |
People v. Lucas
green
1 sentence1975In the event evidence of incompetency is shown it will be the obligation of the trial court to hold an evidentiary hearing to determine whether a new trial is required.” 393 Mich 522, 529 . | 1 | 1975–1975 |
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.