Legal Opinion

People v. Datema

Michigan Supreme Court

Decided May 16, 1995No. 97758, (Calendar No. 8)PublishedCited by 45 opinions

1Opinion of the CourtBoyle, J.

We granted leave to consider whether the misdemeanor-manslaughter rule1 should be abandoned in light of the change in Michigan’s homicide law resulting from this Court’s opinion in People v Aaron, 409 Mich 672; 299 NW2d 304 (1980). After careful consideration of the record, we decline the invitation to decriminalize responsibility for a death found to have been caused in fact by a person who struck his wife "a powerful blow” with the specific intent to injure her. As Aaron required proof of malice from the circumstances surrounding a felony to find second-degree murder, the instruction in…

2Cases cited17 opinions

  1. People v. AaronMichigan Supreme Court · 1980
  2. People v. TownesMichigan Supreme Court · 1974
  3. People v. TownsendMichigan Supreme Court · 1921
  4. People v. BeachMichigan Supreme Court · 1988
  5. People v. Joeseype JohnsonMichigan Supreme Court · 1979

12 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. People v. MendozaMichigan Supreme Court · 2003
  2. People v. GoeckeMichigan Supreme Court · 1998
  3. People v. GillisMichigan Supreme Court · 2006
  4. People v. BarreraMichigan Supreme Court · 1996
  5. People v. SmithMichigan Supreme Court · 2007

40 more not listed; retrieve them via the Exa API.

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