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7 Michigan opinions name it 2 courts 1970–1977 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. Seifertgreen2 sentences1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. 1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre-Barrows plea was not set aside. | 1 | 4 |
People v. Bartlettgreen2 sentences1973People v Bartlett, 17 Mich App 205 (1969); People v Seifert, 17 Mich App 187 (1969)”. 1971In People v. Seifert (1969), 17 Mich App 187 , a pre-Barrows case, the facts of the defendant’s commission of the offense were fully set forth on the record at the time of sentencing. 6 In People v. Bartlett (1969), 17 Mich App 205, 214, 215 , the judge accepted a plea of guilty to the offense of unarmed robbery. | 1 | 3 |
People v. Taylorgreen2 sentences1977This is a precaution against involuntary or induced false pleas of guilty, and against subsequent false claims of innocence.” Barrows has been reaffirmed by this Court in a number of opinions, some deciding long delayed appeals. 4 *665 In People v Taylor, supra, this Court applied the Barrows requirement in setting aside a 1960 guilty plea. 1977In People v Rufus Williams, supra, the plurality opinion 8 eschewed reliance on the preliminary examination transcript in reviewing a pre-Barrows plea. 9 In People v Taylor, supra, p 225, fn 10, this Court said that "[i]t is not sufficient that such facts appear on the record of the preliminary examination. | 1 | 2 |
People v. Rufus Williamsgreen2 sentences1977A prosecutor’s statement of the factual basis during the plea-taking colloquoy and defendant’s acquiescence were held sufficient to support a pre Barrows plea in People v Rufus Williams, 386 Mich 277 ; 192 NW2d 466 (1971). 1977A prosecutor’s statement of the factual basis during the plea-taking colloquoy and defendant’s acquiescence were held sufficient to support a pre Barrows plea in People v Rufus Williams, 386 Mich 277 ; 192 NW2d 466 (1971). | 1 | 1 |
People v. Zaleskigreen1 sentence1977See People v Zaleski, 375 Mich 71, 81 (1965), and People v Rufus Williams, 386 Mich 277, 284-285 (1971).” However, neither Zaleski nor Williams resolved the question. | 1 | 1 |
People v. Shawgreen1 sentence1973This is a precaution against involuntary or induced false pleas of guilty, and against subsequent false claims of innocence.” Barrows received amplification in the case of People v Shaw, 28 Mich App 456, 457 (1970), where it is stated: "The Barrows requirement has been held to require a substantial factual basis for the plea. | 1 | 1 |
Edwards v. Peoplegreen2 sentences1971See Edwards v. People (1878), 39 Mich 760 ; MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058); People v. Rufus Williams (1970), 23 Mich App 459, 465 , fns 7 and 8 and accompanying text. [9] Whether a particular new or rejuvenated standard should be applied to old cases is a matter of judgment. 1971See Edwards v. People (1878), 39 Mich 760 ; MCLA § 768.35 (Stat Ann 1954 Eev § 28.1058); People v. Rufus Williams (1970), 23 Mich App 459, 465 , fns 7 and 8 and accompanying text. | 1 | 1 |
People v. Sealesgreen1 sentence1971See People v. Seales (1970), 26 Mich App 364 ; People v. Donald T. | 1 | 1 |
| People v. Losingergreen | 1 | 1 |
| People v. Donald T. Mooregreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
People v. Combsneutral2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso | 1 | 1 |
People v. Lokatysyellow2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso | 1 | 1 |
People v. Shellgreen2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
People v. Haack
green
2 sentences1977In People v Haack, 396 Mich 367, 371-373 ; 240 NW2d 704 (1976), where the plea was accepted before the 1973 revision, this Court said: "While former rule 785 and the statute did not explicitly require a determination that there was a factual basis, such a requirement was established by judicial construction of the rule and statute in People vBarrows.”We concluded: "In reviewing convictions on pleas of guilty accepted before the 1973 revision of rule 785, this Court followed the Barrows rule requiring a factual basis supporting the conclusion that a crime was committed and that defendant partic 1977In People v Haack, 396 Mich 367, 371-373 ; 240 NW2d 704 (1976), where the plea was accepted before the 1973 revision, this Court said: "While former rule 785 and the statute did not explicitly require a determination that there was a factual basis, such a requirement was established by judicial construction of the rule and statute in People vBarrows.”We concluded: "In reviewing convictions on pleas of guilty accepted before the 1973 revision of rule 785, this Court followed the Barrows rule requiring a factual basis supporting the conclusion that a crime was committed and that defendant partic | 1 | 1977–1977 |
People v. Stearns
green
2 sentences1977In People v Stearns; 380 Mich 704 ; 158 NW2d 409 (1968), a 1961 conviction was affirmed on evidence that the defendant made statements establishing a factual basis during the presentence investigation. 1977In People v Stearns; 380 Mich 704 ; 158 NW2d 409 (1968), a 1961 conviction was affirmed on evidence that the defendant made statements establishing a factual basis during the presentence investigation. | 1 | 1977–1977 |
People v. Carlisle
green
2 sentences1976This is a precaution against involuntary or induced false pleas of guilty, and against subsequent false claims of innocence.” 5 *373 In reviewing convictions on pleas of guilty accepted before the 1973 revision of rule 785, this Court followed the Barrows rule requiring a factual basis supporting the conclusion that a crime was committed and that defendant participated in its commission. 6 In People v Taylor, 387 Mich 209, 224 ; 195 *374 NW2d 856 (1972), a plea-based conviction was reversed for the judge’s failure "to conduct such an examination as to show that what the defendant actually did 1976This is a precaution against involuntary or induced false pleas of guilty, and against subsequent false claims of innocence.” 5 *373 In reviewing convictions on pleas of guilty accepted before the 1973 revision of rule 785, this Court followed the Barrows rule requiring a factual basis supporting the conclusion that a crime was committed and that defendant participated in its commission. 6 In People v Taylor, 387 Mich 209, 224 ; 195 *374 NW2d 856 (1972), a plea-based conviction was reversed for the judge’s failure "to conduct such an examination as to show that what the defendant actually did | 1 | 1976–1976 |
People v. Watson
green
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . [5] But see People v. Shell, supra , People v. Lokatys, supra fn 4 , decided in 1970, and People v. Combs, supra fn 2 , decided in 1968, reversing 1958 (pre- Barrows ) guilty-plea-based convictions. [6] See, also, People v. Watson (1970), 22 Mich App 703 ; People v. Dickerso | 1 | 1971–1971 |
People v. Anderson
neutral
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . | 1 | 1971–1971 |
People v. Herbert Sanders
green
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . | 1 | 1971–1971 |
People v. Webb
green
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . | 1 | 1971–1971 |
People v. Wade
neutral
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . | 1 | 1971–1971 |
People v. Johnson
green
2 sentences1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . 1971Cases recognizing the Barrows rule to be in force where the conviction was affirmed include People v. Anderson (1970), 28 Mich App 604 ; People v. Herbert Sanders (1970), 28 Mich App 274 ; People v. Webb (1970), 27 Mich App 339 ; People v. Sylvester Johnson (1970), 25 Mich App 258 ; People v. Wade (1970), 24 Mich App 518 . | 1 | 1971–1971 |
People v. Rufus Williams
green
2 sentences1971See Edwards v. People (1878), 39 Mich 760 ; MCLA § 768.35 (Stat Ann 1954 Rev § 28.1058); People v. Rufus Williams (1970), 23 Mich App 459, 465 , fns 7 and 8 and accompanying text. [9] Whether a particular new or rejuvenated standard should be applied to old cases is a matter of judgment. 1971See Edwards v. People (1878), 39 Mich 760 ; MCLA § 768.35 (Stat Ann 1954 Eev § 28.1058); People v. Rufus Williams (1970), 23 Mich App 459, 465 , fns 7 and 8 and accompanying text. | 1 | 1971–1971 |
| People v. Dobine green | 1 | 1970–1970 |
| People v. Harris green | 1 | 1970–1970 |
People v. Sanford
green
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
In Re Reno
green
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
| People v. Tate green | 1 | 1970–1970 |
| People v. Gleason neutral | 1 | 1970–1970 |
| People v. Jones green | 1 | 1970–1970 |
People v. Williams
neutral
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
| People v. Robbins green | 1 | 1970–1970 |
People v. Catterson
green
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
People v. Winegar
green
1 sentence1970From footnote 7 on p 244 of the majority opinion, it appears that Dunn, Stearns and Winegar, supra, are in serious question if they are interpreted to do away with what has been called in Michigan the Barrows requirement. | 1 | 1970–1970 |
People v. Sharp
green
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
People v. Carlisle
green
1 sentence1970See People v. Moore, supra; People v. Carlisle, supra (V. | 1 | 1970–1970 |
People v. Doran
green
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
People v. Harris
neutral
1 sentence1970See, also, People v. Seifert (1959), 17 Mich App 187 , where a pre- Barrows plea was not set aside. [9] MCLA § 750.336 (Stat Ann 1954 Rev § 28.568). [10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311). [11] A guilty plea waives a failure to conduct a preliminary examination ( People v. Losinger [1951], 331 Mich 490 ; In re Reno [1948], 321 Mich 497 ; People v. Sanford [1925], 233 Mich 112 ; People v. Harris [1906], 144 Mich 12 ; People v. Williams [1892], 93 Mich 623 ; People v. Jones [1871], 24 Mich 215 ; Washburn v. People [1862], 10 Mich App 372 ) and any defect in the examination ( People v. | 1 | 1970–1970 |
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.