People v. Hoffmeister
| Decision Date | 24 June 1975 |
| Docket Number | No. 55792,55792 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Byron Lee HOFFMEISTER, Defendant-Appellant. 394 Mich. 944, 230 N.W.2d 270 |
| Court | Michigan Supreme Court |
On application for rehearing of 229 N.W.2d 305 which reversed 52 Mich.App. 219, 217 N.W.2d 58.
ORDERBefore the Entire Bench.
On order of the Court, papers filed by plaintiff-appellee are considered as if they constituted an application for rehearing, and so considered the application for rehearing is denied as without merit.
COLEMAN and LINDEMER, JJ., concur in the result for the reason that they consider that the papers presented by the plaintiff fail to meet even the minimum requirements to constitute an application for rehearing and that, accordingly, there is nothing properly before the Court upon which it could act.
SWAINSON, J., not participating.
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People v. Dykhouse
... ... Typically, we find harmless error when, after an erroneous instruction, the jury convicts a defendant of a lesser included offense. This is not such a case ... 17 For a discussion of when such a remedy is appropriate, see People v. Hoffmeister, 394 Mich. 155, 161-162, 229 N.W.2d 305 (1975), reh. den. 394 Mich. 944, 230 N.W.2d 270 (1975) ... 1 The instructions submitted by defense counsel in this case were an admirably clear and accurate statement of the law of murder. However, the issue in this case is not whether those instructions ... ...
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People v. Furman
... ... at p. 469. See also, People v. Tilley, 405 Mich. 38, 45, 273 N.W.2d 471 (1979) ... Premeditation and deliberation need not be established by direct evidence, but may be inferred from all the facts and circumstances established on the record. People v. Hoffmeister, 394 Mich. 155, 158-159, 229 N.W.2d 305 (1975), reh. den. 394 Mich. 944, 230 N.W.2d 270 (1975); People v. Conklin, 118 Mich.App. 90, 93, 324 N.W.2d 537 (1982). Evidence of the following nonexclusive factors may establish premeditation: (1) the previous relationship of the parties; (2) the ... ...
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Riley v. Northland Geriatric Center
...to have a minimum effect upon the administration of justice. Cf. People v. Auer, 393 Mich. 667, 677, 227 N.W.2d 528 (1975), reh. den. 394 Mich. 944 (1975). In Riley and Moore plaintiffs claim that by citing Whetro, Parker, and Bricker, supra, the Gusler Court indicated an intent that Gusler......
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