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10 Michigan opinions name it 1 courts 1975–2025 6 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 of Michigan v. Robert Taylorgreen2 sentences2025In January 2016, the Court issued its decision in Montgomery, 577 US at 206 , holding that “Miller’s prohibition on mandatory life without parole for juvenile offenders” was “a substantive rule that is retroactive in cases on collateral review.” Finally, in July 2022, the Michigan Supreme Court issued its ruling in People v Taylor, 510 Mich 112 , 129; 987 NW2d 132 (2022), holding that a rebuttable presumption exists against sentencing juveniles to LWOP, and that the prosecution bears the burden to overcome this presumption by clear and convincing evidence. 2025In January 2016, the Court issued its decision in Montgomery, 577 US at 206 , holding that “Miller’s prohibition on mandatory life without parole for juvenile offenders” was “a substantive rule that is retroactive in cases on collateral review.” Finally, in July 2022, the Michigan Supreme Court issued its ruling in People v Taylor, 510 Mich 112 , 129; 987 NW2d 132 (2022), holding that a rebuttable presumption exists against sentencing juveniles to LWOP, and that the prosecution bears the burden to overcome this presumption by clear and convincing evidence. | 2 | 3 |
People of Michigan v. Dametrius Benjamin Poseygreen2 sentences2025Id. at 357. “[T]o overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” People v Bowling, 299 Mich App 552, 558 ; 830 NW2d 800 (2013). -3- Defendant was a fourth-offense habitual offender,2 so his minimum sentencing guidelines range was 36 to 142 months’ imprisonment. 2025Id. at 357. “[T]o overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” People v Bowling, 299 Mich App 552, 558 ; 830 NW2d 800 (2013). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Davis
green
2 sentences2018People v Davis, 250 Mich App 357, 368-369 ; 649 NW2d 94 (2002). 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- defense, and that, if that evidence had been presented to the jury, it would have corroborated defendant’s version of events such that there is a reasonable probability that the jury would have concluded that the prosecution had not proved its case beyond a reasonable doubt. 2018People v Davis, 250 Mich App 357, 368-369 ; 649 NW2d 94 (2002). 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- defense, and that, if that evidence had been presented to the jury, it would have corroborated defendant’s version of events such that there is a reasonable probability that the jury would have concluded that the prosecution had not proved its case beyond a reasonable doubt. | 3 | 2017–2018 |
People v. Bowling
green
2 sentences2025Id. at 357. “[T]o overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” People v Bowling, 299 Mich App 552, 558 ; 830 NW2d 800 (2013). 2025Id. at 357. “[T]o overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” People v Bowling, 299 Mich App 552, 558 ; 830 NW2d 800 (2013). | 2 | 2025–2025 |
Kyser v. Kasson Twp
green
1 sentence2025Kyser, 486 Mich at 521 . | 1 | 2025–2025 |
Montgomery v. Louisiana
green
1 sentence2025In January 2016, the Court issued its decision in Montgomery, 577 US at 206 , holding that “Miller’s prohibition on mandatory life without parole for juvenile offenders” was “a substantive rule that is retroactive in cases on collateral review.” Finally, in July 2022, the Michigan Supreme Court issued its ruling in People v Taylor, 510 Mich 112 , 129; 987 NW2d 132 (2022), holding that a rebuttable presumption exists against sentencing juveniles to LWOP, and that the prosecution bears the burden to overcome this presumption by clear and convincing evidence. | 1 | 2025–2025 |
People v. Ginther
green
2 sentences2018People v Davis, 250 Mich App 357, 368-369 ; 649 NW2d 94 (2002). 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- defense, and that, if that evidence had been presented to the jury, it would have corroborated defendant’s version of events such that there is a reasonable probability that the jury would have concluded that the prosecution had not proved its case beyond a reasonable doubt. 2018People v Davis, 250 Mich App 357, 368-369 ; 649 NW2d 94 (2002). 2 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -1- defense, and that, if that evidence had been presented to the jury, it would have corroborated defendant’s version of events such that there is a reasonable probability that the jury would have concluded that the prosecution had not proved its case beyond a reasonable doubt. | 1 | 2018–2018 |
United States v. Russell
green
2 sentences1975In People v Turner, 390 Mich 7 ; 210 NW2d 336 (1973), the Michigan Supreme Court adopted the "objective” test of entrapment. 2 The Court relied heavily upon the dissenting opinion of Justice Stewart in United States v Russell, 411 US 423 ; 93 S Ct 1637 ; 36 L Ed 2d 366 (1973). 1975In People v Turner, 390 Mich 7 ; 210 NW2d 336 (1973), the Michigan Supreme Court adopted the "objective” test of entrapment. 2 The Court relied heavily upon the dissenting opinion of Justice Stewart in United States v Russell, 411 US 423 ; 93 S Ct 1637 ; 36 L Ed 2d 366 (1973). | 1 | 1975–1975 |
People v. Turner
green
2 sentences1975In People v Turner, 390 Mich 7 ; 210 NW2d 336 (1973), the Michigan Supreme Court adopted the "objective” test of entrapment. 2 The Court relied heavily upon the dissenting opinion of Justice Stewart in United States v Russell, 411 US 423 ; 93 S Ct 1637 ; 36 L Ed 2d 366 (1973). 1975In People v Turner, 390 Mich 7 ; 210 NW2d 336 (1973), the Michigan Supreme Court adopted the "objective” test of entrapment. 2 The Court relied heavily upon the dissenting opinion of Justice Stewart in United States v Russell, 411 US 423 ; 93 S Ct 1637 ; 36 L Ed 2d 366 (1973). | 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.