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6 Michigan opinions name it 2 courts 1988–2024 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.
| Case | Followed | Cited |
|---|---|---|
People v. Fiedlergreen2 sentences2024If the Grand Rapids Police Department’s policies and procedures had been admitted for the purpose of setting the legal standard for the fleeing-felon rule or some other justification, then those policies and procedures would have to be excluded, as explained in Fiedler, 194 Mich App at 694-695 . 2023In People v Fiedler, 194 Mich App 682, 684 ; 487 NW2d 831 (1992), the circuit court quashed the information charging the defendant police officer with involuntary manslaughter, in relevant part, premised on the fleeing-felon rule. | 1 | 3 |
People v. Hamptongreen2 sentences2023When 9 For further support for this proposition, the prosecution also cited to caselaw involving a private citizen as the defendant seeking to invoke the fleeing-felon rule, People v Hampton, 194 Mich App 593 ; 487 NW2d 843 (1992), and a case seeking to impose civil liability for an officer’s use of force, Alexander v Riccinto, 192 Mich App 65 ; 481 NW2d 6 (1991). 10 Although the videos did not depict significant traffic at 2:00 a.m., at least five vehicles were seemingly passed during the chase. -8- the chase was forced to stop because of a fallen tree, the driver of the Impala disregarded de 2023When 9 For further support for this proposition, the prosecution also cited to caselaw involving a private citizen as the defendant seeking to invoke the fleeing-felon rule, People v Hampton, 194 Mich App 593 ; 487 NW2d 843 (1992), and a case seeking to impose civil liability for an officer’s use of force, Alexander v Riccinto, 192 Mich App 65 ; 481 NW2d 6 (1991). 10 Although the videos did not depict significant traffic at 2:00 a.m., at least five vehicles were seemingly passed during the chase. -8- the chase was forced to stop because of a fallen tree, the driver of the Impala disregarded de | 1 | 2 |
People v. Whittygreen2 sentences2024This Court also examined the proper elements of the fleeing-felon rule, as applied to a private citizen, in People v Whitty, 96 Mich App 403 ; 292 NW2d 214 (1980).6 In Whitty, the defendant managed a store that had been robbed. 2024This Court also examined the proper elements of the fleeing-felon rule, as applied to a private citizen, in People v Whitty, 96 Mich App 403 ; 292 NW2d 214 (1980).6 In Whitty, the defendant managed a store that had been robbed. | 1 | 1 |
People v. Hudsongreen1 sentence2024See Hudson, 241 Mich App at 278-279 . -18- Accordingly, the district court did not abuse its discretion when it declined to dismiss the charge of second-degree murder on the ground that defendant had a complete defense under the fleeing-felon rule. 3. | 1 | 1 |
Plumhoff v. Rickardgreen2 sentences2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). 2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). | 1 | 1 |
People v. Gonslergreen1 sentence2020If a killing is not justifiable, it is either murder or manslaughter.” [Couch, 436 Mich at 421 , quoting Gonsler, 251 Mich at 446-447 (some quotation marks omitted; ellipsis in original).] Accordingly, “the use of deadly force to prevent the escape of a fleeing felon is justifiable where the following three circumstances are present: (1) the evidence must show that a felony actually occurred, (2) the fleeing suspect against whom force was used must be the person who committed the felony, and (3) the use of deadly force must have been ‘necessary’ to ensure the apprehension of the felon.” Hampto | 1 | 1 |
People v. Couchgreen2 sentences1990See Stevenson , pp 390-391. [4] People v Couch, 176 Mich App 254 ; 439 NW2d 354 (1989). [5] Couch does not contend this Court lacks the authority to modify the fleeing-felon rule. 1990See Stevenson , pp 390-391. [4] People v Couch, 176 Mich App 254 ; 439 NW2d 354 (1989). [5] Couch does not contend this Court lacks the authority to modify the fleeing-felon rule. | 1 | 1 |
People v. Stevensongreen2 sentences1990We thus see no need to reach the question whether this Court has the authority to modify the fleeing-felon rule. *425 The suggestion in the lead opinion that this Court might not have the authority to modify the criminal law implicates this Court's decision in People v Stevenson, 416 Mich 383 ; 331 NW2d 143 (1982). 1990We thus see no need to reach the question whether this Court has the authority to modify the fleeing-felon rule. *425 The suggestion in the lead opinion that this Court might not have the authority to modify the criminal law implicates this Court's decision in People v Stevenson, 416 Mich 383 ; 331 NW2d 143 (1982). | 1 | 1 |
Werner v. Hartfeldergreen1 sentence1988See Werner v Hartfelder, supra. The analysis set forth in United States v Johnson, 457 US 537 ; 102 S Ct 2579 ; 73 L Ed 2d 202 (1982), as followed in Acoff v Abston, supra, suggests that Garner is retroactive to all cases which were pending on appeal at the time the Garner opinion was issued. | 1 | 1 |
United States v. Johnsonred2 sentences1988See Werner v Hartfelder, supra. The analysis set forth in United States v Johnson, 457 US 537 ; 102 S Ct 2579 ; 73 L Ed 2d 202 (1982), as followed in Acoff v Abston, supra, suggests that Garner is retroactive to all cases which were pending on appeal at the time the Garner opinion was issued. 1988See Werner v Hartfelder, supra. The analysis set forth in United States v Johnson, 457 US 537 ; 102 S Ct 2579 ; 73 L Ed 2d 202 (1982), as followed in Acoff v Abston, supra, suggests that Garner is retroactive to all cases which were pending on appeal at the time the Garner opinion was issued. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Couch
green
2 sentences2023Id. 13 We note that the prosecution repeatedly argued that defendant’s motion was, in effect, a request to quash, and therefore, analyzed the elements of the offenses and the proofs to support those elements. 2020Our Supreme Court further instructed that the fleeing-felon defense is only available to a private person who was “seeking to prevent a felon’s escape” and “exercise[d] reasonable care to prevent the escape of the felon without doing personal violence.” Couch, 436 Mich at 421 . | 2 | 2020–2023 |
People v. Doss
green
2 sentences2024Our Supreme Court has already identified the correct standard for assessing whether a police officer’s use of force to effect an arrest was reasonable: “ ‘the measure is generally considered to be that which an ordinary prudent and intelligent person, with the knowledge and in the situation of the arresting officer, would have deemed necessary under the circumstances.’ ” Doss, 406 Mich at 102 , quoting 5 Am Jur 2d, Arrest, § 81, p 768. 2024Doss, 406 Mich at 102-103 ; see also Whitty, 96 Mich App at 411 (recognizing that the use of deadly force during an arrest may be justified under the fleeing-felon rule or when the attempted arrest is met with force, in which case the rules of self-defense apply). | 1 | 2024–2024 |
Alexander v. Riccinto
green
2 sentences2023When 9 For further support for this proposition, the prosecution also cited to caselaw involving a private citizen as the defendant seeking to invoke the fleeing-felon rule, People v Hampton, 194 Mich App 593 ; 487 NW2d 843 (1992), and a case seeking to impose civil liability for an officer’s use of force, Alexander v Riccinto, 192 Mich App 65 ; 481 NW2d 6 (1991). 10 Although the videos did not depict significant traffic at 2:00 a.m., at least five vehicles were seemingly passed during the chase. -8- the chase was forced to stop because of a fallen tree, the driver of the Impala disregarded de 2023When 9 For further support for this proposition, the prosecution also cited to caselaw involving a private citizen as the defendant seeking to invoke the fleeing-felon rule, People v Hampton, 194 Mich App 593 ; 487 NW2d 843 (1992), and a case seeking to impose civil liability for an officer’s use of force, Alexander v Riccinto, 192 Mich App 65 ; 481 NW2d 6 (1991). 10 Although the videos did not depict significant traffic at 2:00 a.m., at least five vehicles were seemingly passed during the chase. -8- the chase was forced to stop because of a fallen tree, the driver of the Impala disregarded de | 1 | 2023–2023 |
Scott v. Harris
green
2 sentences2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). 2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). | 1 | 2023–2023 |
Tennessee v. Garner
green
2 sentences2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). 2023See Plumhoff v Rickard, 572 US 765 ; 134 S Ct 2012 ; 188 L Ed 2d 1056 (2014); Scott v Harris, 550 US 372 ; 127 S Ct 1769 ; 167 L Ed 2d 686 (2007); Tennessee v Garner, 471 US 1 ; 105 S Ct 1694 ; 85 L Ed 2d 1 (1985). | 1 | 2023–2023 |
People v. Roper
green
1 sentence2020Viewing the evidence in a light most favorable to the prosecution, Roper, 286 Mich App at 83 , the jury could reasonably conclude beyond a reasonable doubt that defendant did not shoot the decedents for the purpose of preventing fleeing felons from escaping apprehension and that defendant’s actions were therefore not justified under the fleeing-felon defense. | 1 | 2020–2020 |
Grievance Administrator v. Lopatin
green
1 sentence2020Id. | 1 | 2020–2020 |
Washington v. Starke
green
1 sentence1988The federal district court in Washington v Starke, supra, addressed the question of the retro-activity of Garner and, while recognizing that one federal appeals circuit had found it to be retroactive, Acoff v Abston, 762 F2d 1543 (CA 11, 1985), nevertheless found that Garner was not retroactive, apparently because the Sixth Circuit Court of *237 Appeals had on more than one occasion refused to hold that the fleeing felon rule was unconstitutional, as had the Michigan Supreme Court. | 1 | 1988–1988 |
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.