failure to request instruction (Michigan) · Go Syfert
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failure to request instruction in Michigan

8 Michigan opinions name it 1 courts 1975–2023 5 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 (3)

CaseFollowedCited
People v. Jacksongreen
michctapp · 2011 · cited in 2 Michigan opinions naming this issue, 2023–2023
2 sentences

2023See Jackson, 292 Mich App at 600-601 .

2023See Jackson, 292 Mich App at 600-601 .

22
People v. Sardygreen
michctapp · 1996 · cited in 1 Michigan opinions naming this issue, 2023–2023
2 sentences

2023See People v Sardy, 216 Mich App 111, 116 ; 549 NW2d 23 (1996).

2023See People v Sardy, 216 Mich App 111, 116 ; 549 NW2d 23 (1996).

11
People v. Maybeegreen
michctapp · 1973 · cited in 1 Michigan opinions naming this issue, 1975–1975
2 sentences

1975MCLA 768.29; MSA 28.1052; GCR 1963, 516.2; People v Maybee, 44 Mich App 268, 272-273 ; 205 NW2d 244, 247 (1973), and cases cited therein.

1975MCLA 768.29; MSA 28.1052; GCR 1963, 516.2; People v Maybee, 44 Mich App 268, 272-273 ; 205 NW2d 244, 247 (1973), and cases cited therein.

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 (4)

CaseCitedYears
People v. Cooks green
mich · 1994
1 sentence

2023However, in Cooks, our Supreme Court held that a specific unanimity instruction was not required because (1) “the evidence offered . . . to support each of the alleged acts of penetration was materially identical,” (2) the defendant “did not present a separate defense or offer materially distinct evidence of impeachment regarding any particular act,” and (3) there was no “indication of juror confusion or disagreement over the existence of any alternative acts[.]” Id. at 528-529 . 6 We stress, however, that just because the failure to give a specific unanimity instruction may not impede the def

12023–2023
Strickland v. Washington green
scotus · 1984
1 sentence

2022Under the Strickland standard, the defendants had to demonstrate “a reasonable probability of a different outcome had the error not been committed.” Id. at 18, citing Strickland, 466 US at 694 .

12022–2022
People v. Stapf green
michctapp · 1986
2 sentences

2016Further, this trial strategy is distinguishable from that applied in People v Stapf, 155 Mich App 491 ; 400 NW2d 656 (1986), on which defendant relies for the proposition that the failure to request an instruction on a lesser included offense that is consistent with the evidence amounts to ineffective assistance of counsel.

2016Further, this trial strategy is distinguishable from that applied in People v Stapf, 155 Mich App 491 ; 400 NW2d 656 (1986), on which defendant relies for the proposition that the failure to request an instruction on a lesser included offense that is consistent with the evidence amounts to ineffective assistance of counsel.

12016–2016
People v. Tommolino green
michctapp · 1991
2 sentences

1991People v Tommolino, 187 Mich App 14, 17 ; 466 NW2d 315 (1991).

1991People v Tommolino, 187 Mich App 14, 17 ; 466 NW2d 315 (1991).

11991–1991

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (4) MI § Mich. Comp. Laws § 750.529 (4) MI § Mich. Comp. Laws § 750.157a (3) MI § Mich. Comp. Laws § 750.224f (3)

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

WA 59 (1982–2026) TX 44 (1976–2025) OH 35 (1999–2025) CA 24 (1960–2024) MI 8 (1975–2023) IL 8 (1972–2023) FL 6 (1990–2015) MD 6 (1962–2004) MA 6 (1989–2023) GA 6 (2014–2026) PA 6 (2004–2025) AZ 5 (1965–2022) MO 5 (1986–2024) OK 5 (1997–2018) CO 4 (1998–2025) IN 4 (1997–2019) AR 4 (2001–2007) ND 4 (1988–2003) UT 3 (2017–2025) WI 3 (1978–2005) KY 2 (1977–2021) NJ 2 (1987–2019) AL 2 (1989–1999) TN 2 (1998–2024) MS 2 (1997–1999)

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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