COA Affirms Termination for Domestic Violence Victim
The opinion is troubling. It does not appear that the child was a victim of domestic violence or that mother failed to protect the child.
Michigan Supreme Court Botches Domicile Analysis by Misapplying Family Law to Auto Accident Case
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.
Stepparent Adoption is a Hot Topic in Michigan's Family Law Appeals
Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases. These appeals have focused on the application of the statute, MCL 710.51(6), in terminating the rights of natural parents, as well as issues involving statutory interpretation and legislative intent.
Michigan Supreme Court Turns to 80 Year Old Precedent to Decide Easement Case
In its recent review of Kranz v Terrill the Michigan SCT 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.
Not so Fast DHS - You Have to Investigate First!
The Court of Appeals reversed the termination of Respondent-Mother’s parental rights to her minor child in In the Matter of V. M. Inman.
Michigan Supreme Court Issues Medical Marijuana Decision
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.
COA Makes it Easier for Trial Courts to Terminate Parental Rights
The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.
To be or not to be? The Court of Appeals Declines to Answer the Question
The Michigan COA affirmed in a published opinion a trial court’s grant of a judgment of divorce, despite the fact that the plaintiff-wife in the divorce was mentally incompetent and the defendant-husband in the divorce was no longer male.
Is Jurors' Use of Wikipedia Enough for a Mistrial?
In People v Maliszewski, it was brought to the Trial Court’s attention that one of the jurors had used Wikipedia to define “reasonable doubt” and “corroborating evidence.”
COA Reverses Termination on Jurisdictional Grounds - Child Appropriately Placed with Grandparents
In a recent case, In the Matter of Kloosterman, the Court of Appeals had the opportunity to examine the meaning of MCL 712A.2(b), the provision which permits a trial court to take jurisdiction over the child in a child welfare proceeding.
Article in Family Law Journal Questions Point of Appeal Over $500
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month." The column addressed the family law decision in Rosema v Rosema.
My Take-Away from the Child Welfare Seminar on February 22, 2013
One of the major recommendations/themes I heard repeated during that conference pertained to what a non-respondent parent should do if the trial court is looking to take jurisdiction of the child due to allegations against the other parent.
People v Deroche and the Choice Between Possessing a Firearm in Your Home and Consuming Alcohol
The Michigan Court of Appeals addressed an issue of first impression: does the Second Amendment bar the prosecution of an individual for possessing or using a firearm while intoxicated under MCL 750.237, where the individual is in their own home?
A Pyrrhic Victory in Attorney's Fee Challenge
The MI SCT reversed in a part a trial court's award of attorney's fees in a divorce case. But the victory was hollow for the party who brought their attorney's fee challenge all the way to the Supreme Court in Desai v Desai.
Section 1983 Challenge Gives Certain Inmates Hope
A Federal Judge gave some Michigan inmates a ray of hope. Prison inmates who had been convicted as a juvenile and sentenced to life without parole was unconstitutional under the U.S. Supreme Court’s ruling in Miller v Alabama.
People v Trakhtenberg and the Use of Collateral Estoppel by Prosecutors
In a recent opinion, the Michigan Supreme Court in People v Trakhtenberg, addressed a very narrow issue - the use of collateral estoppel by the prosecution to prevent a criminal defendant from challenging his trial counsel’s effectiveness.
Who is looking out for the children?
A parent in a former same-sex relationship challenged the other parent’s custodial rights by arguing that the probate court who granted the adoption lacked subject matter jurisdiction because it was same-sex adoption.
Published Opinion on ADA Discrimination Regarding Deaf Lifeguard
I'll be honest. When I first started reading the 6th Circuit's opinion in Keith v Oakland County, I asked myself, how is it possible for a deaf lifeguard to safely perform his duties?