requested lesser included instruction (Michigan) · Go Syfert
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requested lesser included instruction in Michigan

7 Michigan opinions name it 1 courts 2013–2024 3 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

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 (4)

CaseCitedYears
People v. Cornell red
mich · 2002
2 sentences

2024This standard is met “when there is substantial evidence to support the requested instruction.” People v Cornell, 466 Mich 335, 365 ; 646 NW2d 127 (2002).

2024This standard is met “when there is substantial evidence to support the requested instruction.” People v Cornell, 466 Mich 335, 365 ; 646 NW2d 127 (2002).

52013–2024
People v. Mitchell green
michctapp · 2013
2 sentences

2024In other words, “[t]he verdict is undermined when the evidence clearly supports the requested lesser included instruction that was not given to the jury.” People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).

2024In other words, “[t]he verdict is undermined when the evidence clearly supports the requested lesser included instruction that was not given to the jury.” People v Mitchell, 301 Mich App 282, 286 ; 835 NW2d 615 (2013).

32023–2024
People v. Mendoza green
mich · 2003
2 sentences

2019People v Cornell, 466 Mich 335, 365 ; 646 NW2d 127 (2002). “[A] requested instruction on a necessarily included lesser offense is proper if the charged greater offense requires the jury to find a disputed factual element that is not part of the lesser included offense and a rational view of the evidence would support it.” People v Cornell, 466 Mich 335, 357 ; 646 NW2d 127 (2002), overruled in part on other grounds by People v Mendoza, 468 Mich 527 (2003).

2016People v Cornell, 466 Mich 335, 365 ; 646 NW2d 127 (2002).2 2 Contrary to the many unpublished opinions of this Court citing Cornell as having been overruled by People v Mendoza, 468 Mich 527 ; 664 NW2d 685 (2003), nothing in Mendoza -3- Under MCL 750.136b(2), an individual is guilty of first-degree child abuse if he or she knowingly or intentionally causes serious physical or mental harm to a child.

22016–2019
People v. Hawthorne green
mich · 2006
1 sentence

2023The defendant bears “the burden of establishing that the error undermined the reliability of the verdict.” Hawthorne, 474 Mich at 184 .

12023–2023

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.227b (3) MI § Mich. Comp. Laws § 750.316 (3) MI § Mich. Comp. Laws § 769.26 (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

MI 7 (2013–2024) TX 4 (2013–2022) MO 4 (2014–2016) WA 3 (2005–2015) KS 3 (2002–2026) SD 3 (1989–1993) AZ 3 (1997–2006) FL 3 (2003–2015) OR 3 (1978–2015)

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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