prosecutor is a curative instruction (Michigan) · Go Syfert
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prosecutor is a curative instruction in Michigan

7 Michigan opinions name it 1 courts 1993–2019 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 (6)

CaseFollowedCited
People v. Stanawaygreen
mich · 1994 · cited in 3 Michigan opinions naming this issue, 2015–2019
2 sentences

2019Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction,” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark[s] was so great that it could not have been cured by an appropriate instruction.” People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (citations omitted); see also People v Stanaway, 446 Mich 643, 687 ; 521 NW2d 557 (1994) (noting that a defendant’s failure to timely object to improper remarks by the prosecution deprive

2019Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction,” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark[s] was so great that it could not have been cured by an appropriate instruction.” People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (citations omitted); see also People v Stanaway, 446 Mich 643, 687 ; 521 NW2d 557 (1994) (noting that a defendant’s failure to timely object to improper remarks by the prosecution deprive

33
People v. Crossgreen
michctapp · 1993 · cited in 6 Michigan opinions naming this issue, 2015–2019
2 sentences

2019Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction,” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark[s] was so great that it could not have been cured by an appropriate instruction.” People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (citations omitted); see also People v Stanaway, 446 Mich 643, 687 ; 521 NW2d 557 (1994) (noting that a defendant’s failure to timely object to improper remarks by the prosecution deprive

2019Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction,” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark[s] was so great that it could not have been cured by an appropriate instruction.” People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (citations omitted); see also People v Stanaway, 446 Mich 643, 687 ; 521 NW2d 557 (1994) (noting that a defendant’s failure to timely object to improper remarks by the prosecution deprive

26
People v. Callongreen
michctapp · 2003 · cited in 4 Michigan opinions naming this issue, 2015–2019
2 sentences

2015Although a prosecutor may not argue a fact to the jury that is not supported by evidence, a prosecutor is free to argue the evidence and any reasonable inferences that may arise from the evidence. [People v Callon, 256 Mich App 312, 330 ; 662 NW2d 501 (2003) (citations omitted).] Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction[,]” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark was so great that it could not have been cured

2015Although a prosecutor may not argue a fact to the jury that is not supported by evidence, a prosecutor is free to argue the evidence and any reasonable inferences that may arise from the evidence. [People v Callon, 256 Mich App 312, 330 ; 662 NW2d 501 (2003) (citations omitted).] Because “[t]he goal of a defense objection to improper remarks by the prosecutor is a curative instruction[,]” appellate review of such remarks is generally precluded where the defendant failed to request a curative instruction “unless the prejudicial effect of the remark was so great that it could not have been cured

24
People v. Watsongreen
michctapp · 2001 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017See Watson, 245 Mich App at 591-592 (concluding that reversal was not required where “the prosecutor’s comment was isolated, . . . did not blatantly appeal to the jury’s sympathy, . . . was not so inflammatory as to prejudice defendant,” and the trial court provided an appropriate curative instruction).

2017See Watson, 245 Mich App at 591-592 (concluding that reversal was not required where “the prosecutor’s comment was isolated, . . . did not blatantly appeal to the jury’s sympathy, . . . was not so inflammatory as to prejudice defendant,” and the trial court provided an appropriate curative instruction).

22
People v. Ungergreen
michctapp · 2008 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017“Curative instructions are sufficient to cure the prejudicial effect of most inappropriate prosecutorial statements, and jurors are presumed to follow their instructions.” Unger, 278 Mich App at 235 (citations omitted); see also People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (“The goal of a defense objection to improper remarks by the prosecutor is a curative instruction.”); People v Abraham, 256 Mich App 265, 279 ; 662 NW2d 836 (2003) (“Jurors are presumed to follow their instructions, and instructions are presumed to cure most errors.”). -14- Reversal is not required on this gro

2017“Curative instructions are sufficient to cure the prejudicial effect of most inappropriate prosecutorial statements, and jurors are presumed to follow their instructions.” Unger, 278 Mich App at 235 (citations omitted); see also People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (“The goal of a defense objection to improper remarks by the prosecutor is a curative instruction.”); People v Abraham, 256 Mich App 265, 279 ; 662 NW2d 836 (2003) (“Jurors are presumed to follow their instructions, and instructions are presumed to cure most errors.”). -14- Reversal is not required on this gro

22
People v. Abrahamgreen
michctapp · 2003 · cited in 2 Michigan opinions naming this issue, 2017–2017
2 sentences

2017“Curative instructions are sufficient to cure the prejudicial effect of most inappropriate prosecutorial statements, and jurors are presumed to follow their instructions.” Unger, 278 Mich App at 235 (citations omitted); see also People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (“The goal of a defense objection to improper remarks by the prosecutor is a curative instruction.”); People v Abraham, 256 Mich App 265, 279 ; 662 NW2d 836 (2003) (“Jurors are presumed to follow their instructions, and instructions are presumed to cure most errors.”). -14- Reversal is not required on this gro

2017“Curative instructions are sufficient to cure the prejudicial effect of most inappropriate prosecutorial statements, and jurors are presumed to follow their instructions.” Unger, 278 Mich App at 235 (citations omitted); see also People v Cross, 202 Mich App 138, 143 ; 508 NW2d 144 (1993) (“The goal of a defense objection to improper remarks by the prosecutor is a curative instruction.”); People v Abraham, 256 Mich App 265, 279 ; 662 NW2d 836 (2003) (“Jurors are presumed to follow their instructions, and instructions are presumed to cure most errors.”). -14- Reversal is not required on this gro

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. Bennett green
michctapp · 2010
2 sentences

2015Likewise, reversal is unwarranted where a “curative instruction could have alleviated any prejudicial effect.” People v Callon, 256 Mich App 312, 329-330 ; 662 NW2d 501 (2003) (citations omitted). “[A]llegations of prosecutorial misconduct are considered on a case-by-case basis, and the reviewing court must consider the prosecutor’s remarks in context.” People v Bennett, 290 Mich App 465, 475 ; 802 NW2d 627 (2010).

2015Likewise, reversal is unwarranted where a “curative instruction could have alleviated any prejudicial effect.” People v Callon, 256 Mich App 312, 329-330 ; 662 NW2d 501 (2003) (citations omitted). “[A]llegations of prosecutorial misconduct are considered on a case-by-case basis, and the reviewing court must consider the prosecutor’s remarks in context.” People v Bennett, 290 Mich App 465, 475 ; 802 NW2d 627 (2010).

12015–2015
People v. Clifton Fuqua green
michctapp · 1985
2 sentences

1993People v Fuqua, 146 Mich App 250, 254 ; 379 NW2d 442 (1985).

1993People v Fuqua, 146 Mich App 250, 254 ; 379 NW2d 442 (1985).

11993–1993

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (4) MI § Mich. Comp. Laws § 333.7403 (3) MI § Mich. Comp. Laws § 600.2159 (3) MI § Mich. Comp. Laws § 750.479 (3) MI § Mich. Comp. Laws § 769.10 (3) MI § Mich. Comp. Laws § 769.12 (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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