People v. Bailey
| Decision Date | 01 August 1996 |
| Docket Number | No. 101017,No. 152415,101017,152415 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Lee BAILEY, Defendant-Appellee. COA |
| Court | Michigan Supreme Court |
[Prior report: 451 Mich. 657, 549 N.W.2d 325.]
In this cause a motion for rehearing is considered and we AMEND the June 18, 1996 opinion and judgment order to provide that this case is REMANDED to the Court of Appeals for consideration of the remaining issues raised in that court by the defendant but not addressed by the Court of Appeals opinion of September 16, 1994. In all other respects, rehearing is DENIED.
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People v. Beck
... ... [ 46 ] Understandably, there has been considerable debate about whether jury nullification is desirable. 47 Indeed, courts have consistently held that defendants are not entitled to a jury instruction regarding nullification. 48 This Court stated in People v. Bailey , 49 "The jury has the power to acquit on bad grounds, because the government is not allowed to appeal from an acquittal by a jury. But jury nullification [like the jurys ability to convict a defendant of a lesser crime than the evidence proves] is just a power, not also a right ... " 50 Yet, ... ...
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People v. Stiller
...is to cause death or great bodily harm. Id.; see also People v. Bailey, 451 Mich. 657, 669, 549 N.W.2d 325 (1996), amended 453 Mich. 1204, 551 N.W.2d 163 (1996), and People v. Aaron, 409 Mich. 672, 728, 299 N.W.2d 304 (1980). "Malice can be inferred from evidence that a defendant intentiona......
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People v. Reese
... ... Jones, 395 Mich. 379, 390, 236 N.W.2d 461 (1975). A necessarily included lesser offense is one that must be committed as part of the greater offense; in other words, it would be impossible to commit the greater offense without first having committed the lesser. People v. Bailey, 451 Mich. 657, 667, 549 N.W.2d 325 (1996), amended 453 Mich. 1204, 551 N.W.2d 163 (1996). Unarmed robbery is a necessarily included lesser offense of armed robbery, with the distinguishing element being the use of a weapon or an article used as a weapon. People v. Chamblis, 395 Mich. 408, 424, 236 ... ...
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People v. Debruyn
...suffered by the victim may have more than one cause, however. In People v. Bailey, 451 Mich. 657, 676; 549 N.W.2d 325 (1996), amended 453 Mich. 1204 (1996), our Supreme Court explained: In assessing criminal liability for some harm, it is necessary that the party convicted of a crime be the......
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