# People v. Gillis

> Michigan Supreme Court · April 5, 2006 · 474 Mich. 105

URL: https://www.frixlaw.com/law-library/cases/9504232

## Case

- **Full name:** People v. Gillis
- **Court:** Michigan Supreme Court
- **Decided:** April 5, 2006
- **Citations:** 474 Mich. 105; 712 N.W.2d 419
- **Precedential status:** Published
- **Opinion:** Concurring in part by Cavanagh
- **Judges:** Corrigan, Young, Markman, Cavanagh, Kelly, Taylor
- **Cited by:** 257 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9504232

## How later opinions describe it (automated extraction)

- stating that this Court reviews the evidence presented up to the time of the motion in the light most favorable to the prosecution to determine whether the trier of fact could have found the essential elements of the crime were proven beyond a reasonable doubt
- noting that "[g]iven the jury's refusal to either acquit or convict of the lesser offense [of second-degree murder], defendant has failed to demonstrate that a `miscarriage of justice' occurred when the trial court failed to instruct on involuntary manslaughter"
- holding that courts must consider, in addition to the dictionary definition, the placement and purpose of those words in the context of the statutory scheme
- noting that “[t]he exercise of judicial power over the discharge of the prosecutor’s duties is limited to those activities or decisions by the prosecutor that are unconstitutional, illegal, or ultra vires”

## Opinion text

CAVANAGH, J.
{concurring in part and dissenting in part). I concur with the opinion written by Chief Justice TAYLOR. I write separately only to reiterate my belief that when the evidence produced at a preliminary examination is legally insufficient to support binding a *150 defendant over for trial, the defendant is entitled to automatic reversal. See People v Hall, 435 Mich 599, 616-629 ; 460 NW2d 520 (1990) (CAVANAGH, J., dissenting). The inquiry is not dependent on whether the defendant nonetheless received a fair trial.
KELLY, J., concurred with CAVANAGH, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9504232. Public record. Not legal advice.