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Posted: Oct 17, 2018, 2:20 PM
The Michigan Supreme Court recently adopted the constitutional standard for reviewing an indigent defendant’s request for state funds to hire an expert witness, tossing out the decades-old practice of reviewing such requests under state law – specifically, MCL 775.15.
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Posted: Oct 10, 2018, 2:10 PM
An attorney who performed work on a personal injury lawsuit, but then left the law firm before a settlement was reached in the case, was not entitled to an equitable lien on the proceeds of the settlement, the Michigan Court of Appeals has ruled.
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Posted: Apr 27, 2018, 11:30 AM
Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, simply by obtaining an order of filiation from the trial court.
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Posted: Apr 3, 2018, 9:49 PM
A recent Georgia Court of Appeals decision resolves a two-year-long jurisdictional dispute between spouses regarding whether, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), their custody case should proceed in Michigan or Georgia.
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Posted: Dec 28, 2017, 11:30 AM
In the matter of In re B. Hadd, Minor, No: 337095, 337097, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals (MCOA). The application of the MCOA order is being held in abeyance pursuant to the order of the Michigan Supreme Court, SC: 156604 because the Court believes the decision in the case of In re Hill, Minors (No.155152) presently before it may resolve a similar issue raised in the Hadd application for leave to appeal.
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Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
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Posted: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
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Posted: Jun 30, 2017, 12:45 PM
Happy Independence Day from Speaker Law Firm!
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Posted: Jun 22, 2017, 7:10 PM
The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
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Posted: Jun 7, 2017, 10:10 AM
In this case of consolidated appeals of denial of motions to quash their bind-overs to Eaton Circuit Court on charges of owning a dangerous animal, People v Ridge, No. 333790 and People v Olney, No. 333791, the Michigan Court of Appeals reversed and remanded for entry of an order quashing the bind-overs.
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Posted: Dec 2, 2016, 11:00 AM
In In re GRD (Docket No. 333131), the Court of Appeals addressed whether the rule of In re Mason, 486 Mich 142; 782 NW2d 747 (2010)—that a parent’s rights may not be terminated solely on the basis of parental incarceration in a Juvenile Code case—also applied to an Adoption Code case.
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Posted: Oct 24, 2016, 11:25 AM
The Michigan Supreme Court heard oral arguments in McLain v City of Lansing Fire Department on October 6, 2016 to decide whether to grant leave to appeal. Tracy McLain sought emergency treatment as a result of a respiratory attack. Emergency personnel inserted a breathing tube due to her low blood oxygen levels and transported her to the hospital. She alleges that the emergency personnel placed the tube in her esophagus rather than her trachea and that they acted with gross negligence where they did not check her blood oxygen levels with a pulse oximeter during the entire transport to the hospital. Upon arrival at the hospital, the emergency department notes indicate that the tube was placed in the esophagus.
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Posted: Sep 27, 2016, 1:25 PM
In this case (In re Trumble, No 330627) Respondent Mother appealed the Gladwin Circuit Court order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte or on its own appoint an attorney to represent her. The Court of Appeals, affirmed the trial court order, stating that because the respondent knowingly declined the offer of appointed counsel at the preliminary hearing and had never shown she suffered from an obvious cognitive impairment, she failed to show that the trial court denied her due process by declining to sua sponte appoint counsel.
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Posted: Sep 23, 2016, 11:35 AM
In A B Petro Mart, Inc v Prime One Ins, 317 Mich App 290 (2016) Docket 327481, an insurance coverage action, the Michigan Court of Appeals held that a corporate Plaintiff had an insurable interest in the property at issue, despite the fact that it did not own the property.
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Posted: Sep 6, 2016, 12:40 PM
The Court of Appeals held that an attorney could not be sued for legal malpractice, even if the attorney missed the deadline for filing a Claim of Appeal.
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Posted: Aug 24, 2016, 9:55 AM
The MI Court of Appeals (In re Shawna Maye Galehouse, No. 326712) upheld a trial court order for the parents to reimburse the Montmorency Child Care Fund for costs of care and services for their child, Shawna.
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Posted: Aug 15, 2016, 12:25 PM
Tweets meant to ridicule and satirize another’s social media presence in a humorous way are parody and thus protected by the First Amendment Right to Free Speech according to a recent opinion issued by the Michigan Court of Appeals (COA).
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Posted: Jul 1, 2016, 3:45 PM
The Court of Appeals (COA) reversed the decision of the probate court, confirmed by the circuit court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship. The matter was returned to the Probate Court for further proceedings.
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Posted: Jun 8, 2016, 10:05 AM
The Court of Appeals (COA) vacated a trial court’s order terminating the parental rights of a cognitively impaired young woman due to the repeated failure of the DHHS to make reasonable efforts to reunify the family.
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Posted: Jun 3, 2016, 9:40 AM
The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.
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