Fourteenth Amendment due process claim in Michigan

7 Michigan opinions name it 2 courts 1964–2008 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 (3)

Case	Followed	Cited
Frank Cote v. Kenneth J. Seamangreen ca1 · 1980 · cited in 1 Michigan opinions naming this issue, 2008–2008 1 sentence 2008The existence of such an interest is “a necessary prerequisite to a fourteenth amendment due process claim.” Cote v. Seaman, supra at 2.[ 4 ] Pennsylvania also gives deference to local planning officials.	1	1
Anselma Station, Ltd. v. Pennoni Associates, Inc.green pacommwct · 1995 · cited in 1 Michigan opinions naming this issue, 2008–2008 1 sentence 2008In Anselma Station, Ltd v Pennoni Assoc, Inc, 654 A2d 608, 614-615 (Pa Commw Ct, 1995), the defendants were township engineers who advised the *213 township to delay development of a site until pollution could be remediated.	1	1
Williams v. Northwestern R.green sc · 1917 · cited in 1 Michigan opinions naming this issue, 1996–1996 1 sentence 1996There is obviously no reason to require more in the way of a "voluntariness" inquiry in the Miranda waiver context than in the Fourteenth Amendment confession context. [Id. at 169-170, 107 S.Ct. at 523.] The prosecutor argues that the logic of examining police behavior and requiring more than a subjectively focused inquiry seems equally applicable to the knowing and intelligent prong of the Miranda inquiry.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
People v. Pickens green mich · 1994 2 sentences 2001That stan 598 dard was rendered obsolete by People v Pickens, 446 Mich 298 ; 521 NW2d 797 (1994). 7 US Const, Am VI provides that the accused in a criminal prosecution “shall enjoy the right ... to have the Assistance of Counsel for his defence.” This requirement is made applicable to the states through the Fourteenth Amendment due process clause. 2001That stan 598 dard was rendered obsolete by People v Pickens, 446 Mich 298 ; 521 NW2d 797 (1994). 7 US Const, Am VI provides that the accused in a criminal prosecution “shall enjoy the right ... to have the Assistance of Counsel for his defence.” This requirement is made applicable to the states through the Fourteenth Amendment due process clause.	1	2001–2001
Gideon v. Wainwright green scotus · 1963 2 sentences 2001Gideon v Wainwright, 372 US 335, 342 ; 83 S Ct 792 ; 9 L Ed 2d 799 (1963). 2001Gideon v Wainwright, 372 US 335, 342 ; 83 S Ct 792 ; 9 L Ed 2d 799 (1963).	1	2001–2001
Colorado v. Connelly green scotus · 1986 1 sentence 1996In Connelly, supra, the Court addressed whether a confession caused by mental illness was an involuntary confession for purposes of the Fourteenth Amendment due process analysis.	1	1996–1996
Green v. Berrien General Hospital Auxiliary, Inc green mich · 1991 2 sentences 1992Molton v City of Cleveland, supra; Partridge v Two Unknown Police Officers of the City of Houston, 791 F2d 1182, 1187 (CA 5, 1986); Roberts v City of Troy, 773 F2d 720 (CA 6,1985); State Bank of St Charles v Camic, 712 F2d 1140, 1146 (CA 7,1983). 5 As in Green v Berrien General Hosp Auxiliary, Inc, 437 Mich 1 ; 464 NW2d 703 (1990), this case must be decided on the basis of the law as it existed before the Legislature’s amendments of the governmental tort liability act, MCL 691.1401-691.1413; MSA 3.996(101)-3.996(113), in 1986. 1986 PA 175 . 6 If the plaintiff had claimed that Zezulka failed to 1992Molton v City of Cleveland, supra; Partridge v Two Unknown Police Officers of the City of Houston, 791 F2d 1182, 1187 (CA 5, 1986); Roberts v City of Troy, 773 F2d 720 (CA 6,1985); State Bank of St Charles v Camic, 712 F2d 1140, 1146 (CA 7,1983). 5 As in Green v Berrien General Hosp Auxiliary, Inc, 437 Mich 1 ; 464 NW2d 703 (1990), this case must be decided on the basis of the law as it existed before the Legislature’s amendments of the governmental tort liability act, MCL 691.1401-691.1413; MSA 3.996(101)-3.996(113), in 1986. 1986 PA 175 . 6 If the plaintiff had claimed that Zezulka failed to	1	1992–1992
Ex Parte Hull green scotus · 1941 2 sentences 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin	1	1983–1983
Johnson v. Avery green scotus · 1969 2 sentences 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin	1	1983–1983
Younger v. Gilmore green scotus · 1971 2 sentences 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin	1	1983–1983
Wolff v. McDonnell green scotus · 1974 2 sentences 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin 1983In Wolff v McDonnell, 418 US 539, 576 ; 94 S Ct 2963 ; 41 L Ed 2d 935 (1974), the Supreme Court remarked: "Finally, the Fourteenth Amendment due process claim based on access to the court, Ex Parte Hull, 312 US 546 [ 61 S Ct 640 ; 85 L Ed 1034 ] (1941); Johnson v Avery, 393 US 483 [ 89 S Ct 747 ; 21 L Ed 2d 718 ] (1969); Younger v Gilmore, 404 US 15 [ 92 S Ct 250 ; 30 L Ed 2d 142 ] (1971), has not been extended by this Court to apply further than protecting the ability of an inmate to prepare a petition or complaint.” Indeed, many courts have held that a plaintiff in a civil suit who is confin	1	1983–1983
Penn Central Transportation Co. v. New York City green scotus · 1978 2 sentences 1981Eg., Penn Central Transportation Co v New York City, 438 US 104, 122 ; 98 S Ct 2646 ; 57 L Ed 2d 631 (1978). 1981Eg., Penn Central Transportation Co v New York City, 438 US 104, 122 ; 98 S Ct 2646 ; 57 L Ed 2d 631 (1978).	1	1981–1981
In Re Graham green mich · 1962 1 sentence 1964For powers of this Court in this connection, see In re Huff, 352 Mich 402 , and In re Graham, supra. Defendant says the order was violative of the Fourteenth Amendment due process clause of the Constitution of the United States.	1	1964–1964
In Re Huff green mich · 1958 1 sentence 1964For powers of this Court in this connection, see In re Huff, 352 Mich 402 , and In re Graham, supra. Defendant says the order was violative of the Fourteenth Amendment due process clause of the Constitution of the United States.	1	1964–1964

Where else courts name it

WA 39 (1966–2024) CA 36 (1970–2025) IL 26 (1970–2026) TX 24 (1987–2019) PA 15 (1972–2023) CT 13 (1984–2016) OH 12 (1986–2018) MD 11 (1976–2010) NJ 9 (1979–2006) CO 8 (1989–2019) IA 7 (1977–2023) SC 7 (1984–2003) MI 7 (1964–2008) IN 6 (1970–2018) NM 6 (1979–2023) NY 6 (1972–1997) MA 6 (1989–2002) AZ 5 (1966–2004) ID 5 (1978–2020) MS 5 (1979–2007) KS 5 (1976–1996) FL 4 (1960–1996) MO 4 (1977–2021) MT 4 (1979–2021) NC 4 (1981–2006) WI 4 (1967–2016) WV 3 (1981–1998) MN 3 (1984–1988) VA 3 (1977–2001) HI 3 (1978–2009) LA 3 (1993–2016) TN 3 (1996–2020) ME 2 (2019–2019) AK 2 (1970–1974) GA 2 (1993–1997) WY 2 (1985–2006) AL 2 (1982–1988) VI 2 (1989–2010)

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.

← Caselaw search · G Cite Topics · Brief Check