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Family Law Appeals
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Mental Health Code Notice Provision Inapplicable To ‘Initial’ Evaluation Process
Speaker Law Firm 12/4/24 Speaker Law Firm 12/4/24

Mental Health Code Notice Provision Inapplicable To ‘Initial’ Evaluation Process

The Michigan Court of Appeals has ruled that the notice requirement in the Mental Health Code – specifically MCL 330.1453(1) – does not apply to the initial process of obtaining mental health evaluations.

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Trial Judge Who Properly Refused To Hear Criminal Defense Expert’s Testimony Will Not Preside Over Case On Remand
Speaker Law Firm 9/18/24 Speaker Law Firm 9/18/24

Trial Judge Who Properly Refused To Hear Criminal Defense Expert’s Testimony Will Not Preside Over Case On Remand

In this ineffective assistance of counsel claim, the trial court correctly refused to allow the testimony of the defendant’s proposed expert on criminal defense practice, the Michigan Court of Appeals has ruled.

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Parent Cannot Challenge The Effectiveness Of Child’s Attorney
Speaker Law Firm 7/10/24 Speaker Law Firm 7/10/24

Parent Cannot Challenge The Effectiveness Of Child’s Attorney

The father in this termination of parental rights case did not have standing to claim that his child’s attorney provided ineffective assistance of counsel.

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Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent
Speaker Law Firm 4/12/24 Speaker Law Firm 4/12/24

Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent

Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.

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Appeals Court Reverses Trial Court Taking Jurisdiction Over Child
Speaker Law Firm 4/10/24 Speaker Law Firm 4/10/24

Appeals Court Reverses Trial Court Taking Jurisdiction Over Child

The trial court wrongly held that the statutory grounds for jurisdiction over the child were established by a preponderance of the evidence.

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Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights
Speaker Law Firm 12/28/22 Speaker Law Firm 12/28/22

Counsel’s ‘Deficient’ Performance Prompts New Trial For Father Who Lost Rights

A father in a TPR case was denied effective assistance of counsel. The Michigan COA vacated the order of termination and remanded the case for further proceedings.

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Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim
Speaker Law Firm 11/30/22 Speaker Law Firm 11/30/22

Trial Court Must Re-Examine Mother’s Ineffective Assistance Of Counsel Claim

The Michigan Supreme Court has vacated part of a lower court’s decision that had rejected a mother’s ineffective assistance of counsel claim in her termination of parental rights case.

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Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
Speaker Law Firm 10/12/22 Speaker Law Firm 10/12/22

Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial

The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.

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Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance
Speaker Law Firm 2/11/22 Speaker Law Firm 2/11/22

Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance

The Michigan Supreme Court vacated the judgment of the Court of Appeals and remanded the case for a new appeal due to the Respondent- Father's counsel providing ineffective assistance.

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Trial Lawyer’s ‘Deficient’ Performance Requires Reversal Of Child-Abuse Conviction
Speaker Law Firm 3/17/21 Speaker Law Firm 3/17/21

Trial Lawyer’s ‘Deficient’ Performance Requires Reversal Of Child-Abuse Conviction

A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient”.

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Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim
Speaker Law Firm 12/26/18 Speaker Law Firm 12/26/18

Inability To Satisfy Plain-Error Test Doesn’t Shut Down Ineffective Assistance Claim

A defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error doesn’t, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim.

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Custody Dispute Ends Up in Eavesdropping Conviction
Speaker Law Firm 1/19/18 Speaker Law Firm 1/19/18

Custody Dispute Ends Up in Eavesdropping Conviction

Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute.

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A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court
Speaker Law Firm 10/25/17 Speaker Law Firm 10/25/17

A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court

At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.

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Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal
Speaker Law Firm 10/11/17 Speaker Law Firm 10/11/17

Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal

The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.

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Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility
Speaker Law Firm 10/6/17 Speaker Law Firm 10/6/17

Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility

Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove.

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Failure to Call Key Witness Held Ineffective Assistance of Counsel
Speaker Law Firm 6/21/17 Speaker Law Firm 6/21/17

Failure to Call Key Witness Held Ineffective Assistance of Counsel

The COA affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.

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