People v. Bailey

Decision Date01 August 1996
Docket NumberNo. 101017,No. 152415,101017,152415
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Lee BAILEY, Defendant-Appellee. COA
CourtMichigan 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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10 cases
  • People v. Beck
    • United States
    • Michigan Supreme Court
    • July 29, 2019
    ...195 Mich. App. at 208, 489 N.W.2d 173.49 People v. Bailey , 451 Mich. 657, 549 N.W.2d 325 (1996), amended on denial of reh'g 453 Mich. 1204, 551 N.W.2d 163 (1996).50 Id. at 671 n. 10, quoting United States v. Kerley , 838 F.2d 932, 938 (C.A. 7, 1988) (alterations in original). See also Peop......
  • People v. Stiller
    • United States
    • Court of Appeal of Michigan — District of US
    • April 11, 2000
    ...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......
  • People v. Reese
    • United States
    • Court of Appeal of Michigan — District of US
    • December 8, 2000
    ...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......
  • People v. Debruyn
    • United States
    • Court of Appeal of Michigan — District of US
    • March 31, 2022
    ... ... conduct was a proximate cause of the harm to the victim. See ... People v. Feezel , 486 Mich. 184, 201; 783 N.W.2d 67 ... (2010). The harm 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 not ... necessary that the party convicted of a crime be the sole ... cause of that harm, only that ... ...
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