PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Shawn Joseph SILVER, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued October 10, 2001.
Decided June 25, 2002.
Attorney(s) appearing for the Case
Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Peter R. George, Prosecuting Attorney, and Timothy K. Morris, Assistant Prosecuting Attorney, Port Huron, MI, for the people.
State Appellate Defender (by P.E. Bennett) Detroit, MI, for the defendant-appellant.
Jeffrey L. Sauter, President, Michael E. Duggan, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals Detroit, MI, for the Prosecuting Attorneys Association of Michigan.
John Minock, Ann Arbor, MI, for the Criminal Defense Attorneys of Michigan.
Supreme Court of Michigan.
TAYLOR, J.
In People v. Cornell,466 Mich. 335, 646 N.W.2d 127 (2002), we overruled contrary prior case law and explained that pursuant to MCL 768.32(1),1 a trial court, upon request, should instruct the jury regarding any necessarily included lesser offense, or an attempt, (irrespective of whether the offense is a felony or misdemeanor), if the charged greater...
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