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 2 courts 1979–2018 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 |
|---|---|---|
People v. Sullivangreen2 sentences1984Pursuant to People v Sullivan, 392 Mich 324 ; 220 NW2d 441 (1974), when a jury becomes deadlocked, the proper instructions for the jury are derived from ABA standard jury instruction 5.4 which reads as follows: "Length of deliberations; deadlocked jury. "(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury; "(i) that in order to return a verdict, each juror must agree thereto; "(ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgmen 1984Pursuant to People v Sullivan, 392 Mich 324 ; 220 NW2d 441 (1974), when a jury becomes deadlocked, the proper instructions for the jury are derived from ABA standard jury instruction 5.4 which reads as follows: "Length of deliberations; deadlocked jury. "(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury; "(i) that in order to return a verdict, each juror must agree thereto; "(ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgmen | 2 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allen v. United States
green
2 sentences1984In People v Sullivan, 392 Mich 324 ; 220 NW2d 441 (1974), the Supreme Court disavowed the deadlocked jury instruction approved in Allen v United States, 164 US 492 ; 17 S Ct 154 ; 41 L Ed 528 (1896), and adopted the following ABA proposed instruction. "(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury: "(i) that in order to return a verdict, each juror must agree thereto; "(ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; 1984In People v Sullivan, 392 Mich 324 ; 220 NW2d 441 (1974), the Supreme Court disavowed the deadlocked jury instruction approved in Allen v United States, 164 US 492 ; 17 S Ct 154 ; 41 L Ed 528 (1896), and adopted the following ABA proposed instruction. "(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury: "(i) that in order to return a verdict, each juror must agree thereto; "(ii) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement, if it can be done without violence to individual judgment; | 6 | 1979–1985 |
People v. Hardin
green
2 sentences2018The court shall not require or -11- threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. (c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement. [Sullivan, 392 Mich at 335 (quotation marks and citation omitted).] “[C]oercion is at the very heart of the inquiry of whether a departure from ABA standard jury instruction 5.4 is a ‘substantial departure.’ ” People v Hardin, 421 Mich 296, 314 ; 365 NW2d 101 (1984). 2018The court shall not require or -11- threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. (c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement. [Sullivan, 392 Mich at 335 (quotation marks and citation omitted).] “[C]oercion is at the very heart of the inquiry of whether a departure from ABA standard jury instruction 5.4 is a ‘substantial departure.’ ” People v Hardin, 421 Mich 296, 314 ; 365 NW2d 101 (1984). | 2 | 2018–2018 |
People v. Johnson
green
2 sentences1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup 1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup | 1 | 1985–1985 |
People v. Bookout
green
2 sentences1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup 1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup | 1 | 1985–1985 |
People v. Allen
green
2 sentences1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup 1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup | 1 | 1985–1985 |
People v. Holmes
green
2 sentences1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup 1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup | 1 | 1985–1985 |
People v. Atkinson
neutral
2 sentences1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup 1985The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals. "(c) The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.” American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Trial by Jury (Approved Draft, 1968), § 5.4. 2 Supplemental instructions given under these circumstances are popularly known as Allen-type instructions, having been derived from the charge sanctioned by the United States Sup | 1 | 1985–1985 |
People v. Goldsmith
green
2 sentences1984People v Goldsmith, 411 Mich 555 ; 309 NW2d 182 (1981). 1984People v Goldsmith, 411 Mich 555 ; 309 NW2d 182 (1981). | 1 | 1984–1984 |
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.