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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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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: 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 20, 2016, 2:20 PM
Judge Peter D. O’Connell likes being a judge of the Fourth District of the Michigan Court of Appeals, a position to which he was elected in 1994 and reelected as an incumbent every six years to this day. Unfortunately for Judge O’Connell, because he will reach his 70th birthday before his current term expires in November, under Michigan law he can’t run for re-election. Judge O’Connell’s solution to this conundrum was not to turn back the hands of time but to run as an incumbent for a Court of Appeals position beginning in Jan. 2017 currently held by Judge Michael Gadola.
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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: Aug 10, 2016, 5:05 PM
Michael Barrett, Director of the Missouri State Public Defender (MSPD) office, recently exercised his authority to “delegate the legal representation of any person to any member of the state bar of Missouri” to appoint Governor Jay Nixon to represent an indigent defendant facing incarceration and in need of representation.
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Posted: Aug 7, 2016, 5:50 PM
Hon. Peter D. O’Connell turned to the Court of Claims seeking a writ of mandamus to force the the Director of Elections to consider his Affidavit of Candidacy for a six-year term on the Court of Appeals (COA). When the Court of Claims (COC) dismissed his complaint for want of subject-matter jurisdiction, he appealed to the Court of Appeals (Peter D. O’Connell v Director of Elections, Bureau of Elections and the Department of State. No 332132, Court of Claims, LC No. 16-000038-MB).
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Posted: Aug 1, 2016, 10:20 AM
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples. And, because the doctrine doesn’t apply, Plaintiff Michelle Lake does not have standing to seek parenting time with the child. Therefore, the COA remanded the matter back to the trial court for entry of an order granting summary disposition in the defendant’s favor. Judge Douglas B. Shapiro wrote a concurring opinion, stating the circumstances where he could see a different outcome
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Posted: Jul 22, 2016, 9:25 PM
The book Wicked Takes the Witness Stand by former journalist Mardi Link recounts the true story of the extensive legal proceeding following a 1986 murder in a page-turner of a story in Gaylord, Michigan.
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