People v. Nickens

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that an attempted-battery assault is a necessarily lesser included offense of a completed battery
• defining the elements of the offense as “(1) an assault, and (2) an intent to commit [criminal sexual conduct] involving sexual penetration”
• “[T]he enactment of MCL 768.37 . . . abolished the defense of voluntary intoxication except in one narrow circumstance . . . .” [Quotation marks and citation omitted.]
• a criminal assault is made out from either an attempt to commit a battery or an unlawful act which places another in reasonable apprehension of receiving an immediate battery
• “In every instance where an actor commits CSC-I involving personal injury and uses force or coercion to accomplish sexual penetration, the actor first commits an attempted-battery assault with the intent to commit CSC involving sexual penetration.”
• “In every instance where an actor commits CSC-I involving personal injury and uses force or coercion to accomplish sexual penetration, the actor first commits an attempted-battery assault with the intent to commit CSC involving sexual penetration.”

Source: CourtListener parenthetical corpus (CC0).