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Posted: Feb 10, 2017, 1:10 PM
In Washington v Trump, the 9th circuit court of appeals declined to grant a stay of the federal district court’s order. In doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
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Posted: Jan 30, 2017, 5:00 PM
The Court of Appeals' jurisdiction in post judgment custody appeals has long been a vexing area for family law attorneys.
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Posted: Jan 23, 2017, 6:42 PM
hen driving your golf cart on a golf course, ordinary negligence is the standard of care and not the “reckless misconduct” standard applicable to recreational activities according to the Michigan Court of Appeals in Bertin v Mann, No.328885.
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Posted: Jan 10, 2017, 1:05 PM
The Court of Appeals vacated three protective orders issued by Genesee Circuit Judge Geoffrey Neithercut that prevented the Michigan Department of Human Services (DHHS) from accessing McClaren-Flint Hospital medical records in Departmentof Healthand Human Services v Genessee CircuitJudge No. 334491. In this action for superintending control, the COA held that the circuit court lacked legal authority to issue the protective orders and the orders were an abuse of Judge Neithercut’s discretion
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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Dec 9, 2016, 10:10 AM
The Trial Court’s scoring of sentencing Offense Variable (OV) 9 (MCL 777.39), which concerns the number of victims, was upheld by the Michigan Court of Appeals. In People v Ambrose, 317 Mich App 556, (2016) Docket 327877, the COA, affirming the lower court sentence, ruled that “without declaring the fetus in this case to be a “person” under the law, we conclude the trial court did not err in counting the fetus as a “victim” for purposes of scoring OV 9.”
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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: Nov 30, 2016, 9:55 AM
A divided en banc Sixth Circuit Court of Appeals reversed and remanded a district court’s order dismissing a Second Amendment challenge to the Federal ban on gun ownership by “anyone who has been adjudicated as a mental defective or who has been committed to a mental institution.”
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Posted: Nov 21, 2016, 1:30 PM
The Court of Appeals recently reversed a trial court’s decision terminating parental rights based on the lack of jurisdiction and inadmissible evidence during the child protective proceedings. In Re Jones, unpublished per curiam, issued November 8, 2016 (Docket 332616).
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Posted: Nov 10, 2016, 12:10 PM
While parenting time between the preliminary hearing and adjudication and after the termination petition is filed are controlled by court rules (MCR 3.965(C)(7)(a); MCR 3.977(D) ) and statutes (MCL 712A.13a(13) ; MCL712A.19b(4)), visitation after adjudication is controlled by the court.
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Posted: Nov 7, 2016, 3:10 PM
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded. The agencies can, however, seek return of funds under two statutes, MCL 765.28 and MCL 600.4835. The Michigan Court of Appeals clarified the relationship of the two in Calvert Bail Bond Agency, LLC v County of St. Clair, COA No. 324824.
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Posted: Oct 26, 2016, 12:15 PM
In In re Attorney Fees of Mitchell T. Foster (Docket No. 327707), the Court of Appeals reversed a trial court decision denying reasonable attorney fees to an appointed criminal defense appellate attorney because his application for leave to appeal was denied “for lack of merit in the grounds presented.” Mitchell Foster was appointed by the Iosco Circuit Court to serve as the defendant’s appellate attorney.
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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: Oct 14, 2016, 3:20 PM
Michigan Board of Law Examiners has posted
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Posted: Oct 12, 2016, 1:55 PM
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. U.S. Const., art 1, sec.10, cl.1
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Posted: Oct 10, 2016, 12:35 PM
Once your bar exam appeal is submitted, it generally takes several weeks to receive your results.
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Posted: Oct 8, 2016, 9:40 AM
A key factor in determining whether you should appeal is knowing how many additional points you need to pass the exam. If you have failed by only a few points, you should consider having your essay exam evaluated by an attorney. You will also want to review the scoring of your essay answers to make sure that there are no human scoring errors (such as your essay clearly warranted a score of “10", but was only scored a “1").
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Posted: Oct 7, 2016, 11:35 AM
Bar exam appeals are fast-paced and procedurally inflexible.
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