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Posted: Mar 25, 2019, 10:40 AM
In People v. Mullins, the Court of Appeals held that while the defendant was neither a mandatory reporter of child abuse nor did she actually make the report of child abuse herself, she was still criminally liable for the false report. People v Mullins, 322 Mich App 151 (2017).
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Posted: Sep 12, 2018, 11:30 AM
MCL 168.937, which is part of the state’s Election Law, is a penalty provision that does not create a substantive offense, the Michigan Supreme Court has ruled in a unanimous decision. As a result, §937 could not be used as the basis to prosecute the defendant in People v Pinkney (Docket No. 154374), for alleged election-law forgery, the Supreme Court held.
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Posted: Jan 24, 2018, 10:30 AM
The case of Ray v Swager, No: 322766, came to the Michigan Court of Appeals (MCOA) on remand from the Michigan Supreme Court. In the first appeal to the MCOA, Eric Swager appealed the trial court’s denial of his motion for summary disposition. The MCOA reversed the trial court’s decision and remanded for entry of summary disposition in Swager’s favor based on the conclusion that reasonable minds could not conclude that Swager was “the proximate cause” of plaintiff Ray’s injuries.
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Posted: Jun 27, 2017, 2:50 PM
On June 15, 2017, the Michigan Supreme Court decided Kemp v Farm Bureau General Insurance Company of Michigan (Docket No. 151719), a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
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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: Oct 3, 2016, 1:35 PM
The Supreme Court (SCt.), after granting leave and taking full briefing and arguments in Black v Shafer, (149516), reversed the Michigan Court of Appeals (312379) and reinstated Wayne County Circuit Order granting Summary Disposition in favor of the defendant Anthony Shafer. The SCt decided the case on proximate cause, which was not an issue it asked the parties to address.
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Posted: May 25, 2016, 10:30 AM
As we reported earlier, employees looking for job protection under the Whistleblowers Protection Act (WPA) will have to search elsewhere when they report a suspected future violation of the law under the Michigan Supreme Court ruling in Pace v Edel-Harrelson No. 151374. The court held that such reports were not “protected activity” under the WPA. It remanded the case back to the Court of Appeals for consideration of the plaintiff’s claim that her termination was a violation of public policy.
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Posted: Apr 11, 2016, 1:05 PM
The Michigan Supreme Court has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying termination of parental rights case.
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Posted: Mar 21, 2016, 10:25 AM
The Michigan Supreme Court has peremptorily vacated the termination of a mother’s parental rights, as well as the Michigan Court of Appeals decision upholding that termination.
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Posted: Mar 15, 2016, 5:10 PM
The Michigan Supreme Court is poised to decide the effect, if any, that MCL 552.23 and MCL 552.401 have on a divorced couple’s antenuptial agreement. The Supreme Court heard oral argument on March 10, 2016.
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Posted: Mar 4, 2016, 2:15 PM
The Michigan Supreme Court recently refused to hear the appeal in In re Maes (Docket No. 152973). The denial of leave in Maes means that significant flaws in appellate case precedent have now been left intact, impacting hundreds of parental rights proceedings.
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Posted: Feb 29, 2016, 1:30 PM
An employee who was fired after reporting a suspected future violation of law could not bring a retaliatory discharge claim under the Whistleblowers’ Protection Act, the Michigan Supreme Court has ruled in Pace v Edel-Harrelson (Docket No. 151374).
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Posted: Feb 8, 2016, 12:05 PM
The Michigan Supreme Court’s decision in People v Ackley shows just how crucial it is for defense lawyers to adequately investigate their client’s case and make good use of expert witnesses.
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Posted: Oct 6, 2015, 11:00 AM
It is well known in Michigan that attorneys who do court-appointed work are usually paid pretty miserably for their time. This is true both in the trial court and on appeal. Each county sets its own pay scale. A recent supreme court order gives one such court-appointed attorney a chance to recover his "extraordinary fees" on a court appointed criminal appeal. In re Attorney Fees of John W. Ujlaky, SCt order issued September 30, 2015 (Docket 150887).
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Posted: Jul 24, 2015, 2:35 PM
Yesterday, the Michigan Supreme Court released a unanimous decision in People v Stevens, __ Mich __; __ NW2d__ (July 23, 2015) (Docket No. 149380), where it reversed a defendant's conviction for second degree murder and child abuse and remanded to the trial court for a new trial because of the trial judge's improper conduct that "pierced the veil of judicial impartiality."
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Posted: Feb 8, 2015, 11:15 AM
The Michigan Supreme Court has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. See ADM 2014-09. The proposal emanated from the Michigan Court of Appeals.
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Posted: Aug 20, 2013, 9:05 AM
The Court of Appeals affirmed the termination of a mother's parental rights because she was the victim of domestic violence in In re Hopkins-Webster (unpublished August 13, 2013, Docket 315194).
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Posted: Jul 30, 2013, 10:30 AM
To decide a child's domicile for purposes of insurance coverage under the No-Fault Act, MCL 500.3114(1), the Michigan Supreme Court turned to family law in Grange Insurance v Lawrence (Docket 145206 & 145808) (authored by Justice Mary Beth Kelly).
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Posted: Jun 3, 2013, 5:05 PM
In its recent review of Kranz v Terrill (Docket 146436) the Michigan Supreme Court vacated and remanded portions of holdings from the Court of Appeals and Lenawee Circuit Court that were inconsistent with a case from the Supreme Court that was decided in 1929.
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Posted: May 23, 2013, 8:55 AM
The issue of operating a vehicle while internally possessing marijuana pursuant to the Michigan Medical Marijuana Act (“MMMA”) was tackled this week by the Michigan Supreme Court in its review of People v. Koon.
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