hypothetical claim (Michigan) · Go Syfert
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hypothetical claim in Michigan

6 Michigan opinions name it 1 courts 1985–2024 1 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 (1)

CaseFollowedCited
Concerned Parents to Save Dreher Park Center v. City of West Palm Beachgreen
flsd · 1994 · cited in 1 Michigan opinions naming this issue, 2003–2003
1 sentence

2003Defendant further refers to language in Concerned Parents to Save Dreher Park Center v West Palm Beach, 846 F Supp 986, 990 (SD Fla, 1994), that “it may be the case that there are wheelchair-bound children who cannot meet the ‘essential requirements’ for a soccer team because they cannot run or cannot kick a ball.” We find that defendant’s effort to analogize the present case to a hypothetical claim involving disabled persons seeking to play on a sports team is flawed because plaintiff is not seeking to be a cyclist *24 on a racing team or otherwise participate in competitive cycling.

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 (6)

CaseCitedYears
People v. Ginther green
mich · 1973
2 sentences

2024Even if this Court assumes that trial counsel’s failure to object to the jury instructions as given and his failure to request a hypothetical instruction on the lawfulness of the officers’ actions were objectively unreasonable, defendant has not persuasively demonstrated that 4 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -4- “but for counsel’s deficient performance, there is a reasonable probability that [the] outcome would have been different” had the instruction been given.

2024Even if this Court assumes that trial counsel’s failure to object to the jury instructions as given and his failure to request a hypothetical instruction on the lawfulness of the officers’ actions were objectively unreasonable, defendant has not persuasively demonstrated that 4 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -4- “but for counsel’s deficient performance, there is a reasonable probability that [the] outcome would have been different” had the instruction been given.

12024–2024
People of Michigan v. Jason Charles Robar green
michctapp · 2017
2 sentences

2020People v Robar, 321 Mich App 106, 128 ; 910 NW2d 328 (2017).

2020People v Robar, 321 Mich App 106, 128 ; 910 NW2d 328 (2017).

12020–2020
People v. Fyda green
michctapp · 2010
1 sentence

2016However, defendant failed to establish that this error “affected . . . defendant’s substantial rights,” Brown, 279 Mich App at 134 , or “resulted in the conviction of an actually innocent defendant or seriously affected the fairness, integrity, or public reputation of judicial proceedings,” Fyda, 288 Mich App at 461 .

12016–2016
People v. Hoag green
mich · 1999
2 sentences

2016Defendant has therefore not established the factual predicate for his claim, People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), and has failed to show that the retention and use of a defense expert would have altered the outcome of the lower court proceedings.

2016Defendant has therefore not established the factual predicate for his claim, People v Hoag, 460 Mich 1, 6 ; 594 NW2d 57 (1999), and has failed to show that the retention and use of a defense expert would have altered the outcome of the lower court proceedings.

12016–2016
People v. Brown green
michctapp · 2008
1 sentence

2016However, defendant failed to establish that this error “affected . . . defendant’s substantial rights,” Brown, 279 Mich App at 134 , or “resulted in the conviction of an actually innocent defendant or seriously affected the fairness, integrity, or public reputation of judicial proceedings,” Fyda, 288 Mich App at 461 .

12016–2016
Kidd v. General Motors Corp. green
mich · 1982
1 sentence

1985We would not require the board to engage in a hypothetical analysis of "the physical condition of the injured [member]”, Kidd, supra, as it would have been without the newly-added device.

11985–1985

Where else courts name it

CA 19 (1968–2025) TX 18 (1989–2025) PA 16 (1928–2026) NJ 6 (1987–2018) MI 6 (1985–2024) OR 5 (1897–1994) UT 4 (2016–2026) OH 4 (2011–2025) OK 4 (1915–2011) AZ 4 (1932–2020) NY 3 (1946–2002) IL 3 (1976–2026) WV 3 (1900–1924) KS 3 (2013–2024) IA 3 (2009–2023) CT 2 (2000–2018) DC 2 (2010–2016) NC 2 (1975–2010) CO 2 (2022–2022) IN 2 (1973–1973) MA 2 (2009–2013)

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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