inconsistent defense in Michigan

2024This is inconsistent with the principle that, “[t]o be constitutionally proportionate, punishment must be tailored to a defendant’s personal responsibility and moral guilt.” Harmelin v Michigan, 501 US 957, 1023 ; 111 S Ct 2680 ; 115 L Ed 2d 836 (1991) (White, J., dissenting), citing Enmund v Florida, 458 US 782, 800-801 ; 102 S Ct 3368 ; 73 L Ed 2d 1140 (1982).

2024This is inconsistent with the principle that, “[t]o be constitutionally proportionate, punishment must be tailored to a defendant’s personal responsibility and moral guilt.” Harmelin v Michigan, 501 US 957, 1023 ; 111 S Ct 2680 ; 115 L Ed 2d 836 (1991) (White, J., dissenting), citing Enmund v Florida, 458 US 782, 800-801 ; 102 S Ct 3368 ; 73 L Ed 2d 1140 (1982).

2024This is inconsistent with the principle that, “[t]o be constitutionally proportionate, punishment must be tailored to a defendant’s personal responsibility and moral guilt.” Harmelin v Michigan, 501 US 957, 1023 ; 111 S Ct 2680 ; 115 L Ed 2d 836 (1991) (White, J., dissenting), citing Enmund v Florida, 458 US 782, 800-801 ; 102 S Ct 3368 ; 73 L Ed 2d 1140 (1982).

2024This is inconsistent with the principle that, “[t]o be constitutionally proportionate, punishment must be tailored to a defendant’s personal responsibility and moral guilt.” Harmelin v Michigan, 501 US 957, 1023 ; 111 S Ct 2680 ; 115 L Ed 2d 836 (1991) (White, J., dissenting), citing Enmund v Florida, 458 US 782, 800-801 ; 102 S Ct 3368 ; 73 L Ed 2d 1140 (1982).

2000Defendant relies on Tranker v Figgie Int’l Inc, 221 Mich App 7 ; 561 NW2d 397 (1997) (Tranker I).

2000Defendant relies on Tranker v Figgie Int’l Inc, 221 Mich App 7 ; 561 NW2d 397 (1997) (Tranker I).

1997This is inconsistent with the analysis from Aaron, supra at 728 .

1997This is inconsistent with the analysis from Aaron, supra at 728 , 299 N.W.2d 304 .

1997Similarly, in Bailey, supra, we held that assault with intent to commit great bodily harm is a cognate lesser offense of second-degree murder because although the intent necessary to commit the lesser offense "is sufficient to meet the required mens rea for second-degree murder, the greater crime can also be committed with different mental states than intent to inflict great bodily harm." Id. at 669, 549 N.W.2d 325 . [30] The trial judge specifically ordered that if the defendants ever become eligible for parole, he or his successor judge is to be notified so that the court may exercise its ri

1997While it is true that an inconsistent defense does not necessarily stand in the way of presenting an affirmative defense, the defendant must produce the evidentiary basis for the defense in order to require the court to tender an instruction. [28] Counsel argued that the CSC I cunnilingus requires" some sort of specific testimony indicating some kind of oral sexual act, such as lips or tongue or vaginal area or licking or something to that effect in order to establish cunnilingus," but that the evidence only established facial contact "without any further description." [29] Like the Court of A

1997While it is true that an inconsistent defense does not necessarily stand in the way of presenting an affirmative defense, the defendant must produce the evidentiary basis for the defense in order to require the court to tender an instruction. [28] Counsel argued that the CSC I cunnilingus requires" some sort of specific testimony indicating some kind of oral sexual act, such as lips or tongue or vaginal area or licking or something to that effect in order to establish cunnilingus," but that the evidence only established facial contact "without any further description." [29] Like the Court of A

1987In People v Strong, 143 Mich App 442, 449 ; 372 NW2d 335 (1985), the defendant alleged that his attorney was ineffective because he failed to offer a defense of intoxication along with the inconsistent defense of misidentification.

1987In People v Strong, 143 Mich App 442, 449 ; 372 NW2d 335 (1985), the defendant alleged that his attorney was ineffective because he failed to offer a defense of intoxication along with the inconsistent defense of misidentification.

1970But, recognizing that the defense advanced might be rejected, the defendant here sought to have the case submitted to the jury on the theory that he acted under provocation. 8 The people discharge their burden when they prove that the defendant killed the victim intentionally or acted so recklessly or wantonly as to be the equivalent of actual intent to kill. 9 People v. Hamilton, supra, p 216 . 10 The apparent reason for asking the questions was to provide a basis for the questions later put to the police officer when he was recalled to the stand and the subsequent tacit admission jury argume

1969We are not suing for damages.” 25 Am Jur 2d, Election of Remedies, § 29, states that: “Although there is authority to the contrary, it is generally held that an action for damages, upon breach of contract, and a suit for specific performance of a contract, are inconsistent remedies, and therefore that a resort to one of these remedies will bar the right to invoke the other.” The Michigan Supreme Court held in Mintz v. Jacob (1910), 163 Mich 280 , that: “* * * where a plaintiff has a choice between inconsistent claims, the commencement of an action upon one theory constitutes an election, and,

1969We are not suing for damages.” 25 Am Jur 2d, Election of Remedies, § 29, states that: “Although there is authority to the contrary, it is generally held that an action for damages, upon breach of contract, and a suit for specific performance of a contract, are inconsistent remedies, and therefore that a resort to one of these remedies will bar the right to invoke the other.” The Michigan Supreme Court held in Mintz v. Jacob (1910), 163 Mich 280 , that: “* * * where a plaintiff has a choice between inconsistent claims, the commencement of an action upon one theory constitutes an election, and,

1927A correct rule should not, in this manner, be overturned by an inconsistent exception.” In Levenson Wrecking Co. v. Hillebrand, 157 N. Y.