invited response doctrine (Michigan) · Go Syfert
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invited response doctrine in Michigan

7 Michigan opinions name it 2 courts 2003–2025 2 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 (2)

CaseFollowedCited
People v. Jonesgreen
mich · 2003 · cited in 6 Michigan opinions naming this issue, 2007–2025
2 sentences

2025Defense counsel asked the victim, “Isn’t it true that you and your mother are lying about this incident?” and the victim responded, “[N]o.” “Under the doctrine of invited response, the proportionality of the response, as well as the invitation, must be considered to determine whether the error, which might otherwise require reversal, is shielded from appellate relief.” People v Jones, 468 Mich 345, 353 ; 662 NW2d 376 (2003).

2025Defense counsel asked the victim, “Isn’t it true that you and your mother are lying about this incident?” and the victim responded, “[N]o.” “Under the doctrine of invited response, the proportionality of the response, as well as the invitation, must be considered to determine whether the error, which might otherwise require reversal, is shielded from appellate relief.” People v Jones, 468 Mich 345, 353 ; 662 NW2d 376 (2003).

16
People v. Kahleygreen
michctapp · 2008 · cited in 1 Michigan opinions naming this issue, 2011–2011
1 sentence

2011The Court of Appeals erred in relying on the invited response rule applied in People v Kahley, 277 Mich App 182, 183-184 (2007), in which the polygraph testimony was volunteered by a police witness, rather than, as in this case, intentionally introduced by the prosecution by posing a clearly improper question for the sole purpose of eliciting inadmissible polygraph evidence that conveyed to the jury the implication that codefendant Blair Lindsay’s testimony against the defendant was truthful.

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 (2)

CaseCitedYears
People v. Thomas green
michctapp · 2004
1 sentence

2007Thomas, supra at 454 .

12007–2007
United States v. Young green
scotus · 1985
1 sentence

2003Young, supra. We now apply this doctrine as an aid to determine whether the prosecutor’s improper introduction of evidence at trial affected the fairness of the trial.

12003–2003

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.520b (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

IL 21 (1976–2024) MI 7 (2003–2025) FL 5 (1991–2019) MD 4 (2010–2013) NM 3 (1993–2020) NE 2 (1988–2013) OH 2 (1986–1989) ND 2 (1999–1999) SC 2 (1999–2017)

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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