event of an instructional error (Michigan) · Go Syfert
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event of an instructional error in Michigan

7 Michigan opinions name it 1 courts 2016–2017 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.

Followed or applied (1)

CaseFollowedCited
People of Michigan v. Kenya Ali Hyattgreen
michctapp · 2016 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017In the event of an instructional error, a defendant must demonstrate that it is more probable than not that the failure to give the requested lesser included misdemeanor instruction undermined reliability in the verdict. [Perkins, 314 Mich App at 163-164 (citations and quotation marks omitted).] Defendant contends that the trial court should have provided M Crim JI 7.1 because the discharge of codefendant Darius Diaz-Gaskin’s gun was accidental.

2017In the event of an instructional error, a defendant must demonstrate that it is more probable than not that the failure to give the requested lesser included misdemeanor instruction undermined reliability in the verdict. [Perkins, 314 Mich App at 163-164 (citations and quotation marks omitted).] Defendant contends that the trial court should have provided M Crim JI 7.1 because the discharge of codefendant Darius Diaz-Gaskin’s gun was accidental.

22

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 (2)

CaseCitedYears
People v. Cornell green
mich · 2002
2 sentences

2016In the event of an instructional error, “[a] defendant must demonstrate that it is more probable than not that the failure to give the requested lesser included misdemeanor instruction undermined reliability in the verdict.” People v Cornell, 466 Mich 335, 364 ; 646 NW2d 127 (2002).

2016In the event of an instructional error, “[a] defendant must demonstrate that it is more probable than not that the failure to give the requested lesser included misdemeanor instruction undermined reliability in the verdict.” People v Cornell, 466 Mich 335, 364 ; 646 NW2d 127 (2002).

32016–2016
People v. Lukity green
mich · 1999
2 sentences

2017In the event of an instructional error, reversal is only warranted if “after an examination of the entire cause, it shall affirmatively appear that it is more probable than not that the error was outcome determinative.” -1- People v Lukity, 460 Mich 484, 495-496 ; 596 NW2d 607 (1999) (citation and quotation marks omitted).

2017In the event of an instructional error, reversal is only warranted if “after an examination of the entire cause, it shall affirmatively appear that it is more probable than not that the error was outcome determinative.” -1- People v Lukity, 460 Mich 484, 495-496 ; 596 NW2d 607 (1999) (citation and quotation marks omitted).

22017–2017

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.316 (5) MI § Mich. Comp. Laws § 750.157a (3) MI § Mich. Comp. Laws § 750.227b (3) MI § Mich. Comp. Laws § 750.529 (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.

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