Unsigned Will May Sometimes Be Admitted to Probate
he probate Court can admit an unsigned will if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will.
A Fetus is a Victim for Scoring Sentencing Offense Variable 9
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.
The Court of Appeals Holds That a Putative Father May Be Unfit or Unable to Properly Care for His Child Due to Incarceration
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.
Sixth Circuit Reviews Federal Gun Ban for Involuntary Commitment
A divided en banc Sixth Circuit Court of Appeals reversed and remanded a district court’s order dismissing a 2nd Amendment challenge to the Federal ban on gun ownership.
Stick to the Rules in Child Protective Proceedings
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.
The Courts’ Discretion in Parenting Time Decisions Questioned
In In re Laster, the COA held that termination of parental rights, in the absence of a court rule or statute, the issue of the amount, and conditions of parenting time is left to the sound discretion of the trial court.
How Bail Bond Agencies Can Recover Funds Under Michigan Statutes
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded.
Trial Court Erred By Making Appointed Attorney Fees Contingent on Appeal Outcome
The Court of Appeals reversed a trial court decision denying reasonable attorney fees because his application for leave to appeal was denied “for lack of merit in the grounds presented.”
McLain v City of Lansing Fire Department
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.
Michigan's SORA labeled "Byzantine Code" by the 6th Circuit
In a recent opinion, the US Court of Appeals for the 6th Circuit declared recent amendments to Michigan's SORA to be ex post facto law.
Supreme Court Opinion Questioned
The Supreme Court, after granting leave and taking full briefing and arguments in Black v Shafer, reversed the COA and reinstated the order granting Summary Disposition.
Due Process Rights in Termination Case Not Violated by Failure to Sua Sponte Appoint Counsel
In re Trumble, Respondent Mother appealed the order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte.
Named Insured Can Have An Insurable Interest In Property It Does Not Own
In A B Petro Mart, Inc v Prime One Ins, an insurance coverage action, the MI COA held that a corporate Plaintiff had an insurable interest in the property at issue.
Court of Appeals Judge O’Connell Can’t Run for Election as Incumbent of Another Judge’s Position
Judge Peter D. O’Connell likes being a judge of the 4th District of the Michigan COA, a position to which he was elected in 1994 and reelected as an incumbent every six years to this day.
Appellate Attorneys Get Pass From Court of Appeals
The COA in MacDowell v Houghtaling, reasoned that the plaintiff could not establish the element of proximate cause based on the COA prior denial on a delayed application.
Parents Must Reimburse Child Care Fund for Child’s Costs of Care
The MI Court of Appeals in In re Shawna Maye Galehouse upheld a trial court order for the parents to reimburse the Montmorency Child Care Fund for costs of care and services.
Imposter Twitter Account Constitutionally Protected Parody
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.
Court of Claims Has Jurisdiction Over Mandamus Case Against a State Department
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 6-year term on the COA.