A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court
At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
International Custody Dispute Over Infant Children
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent.
Divorce Appeal Impacts Enforceability of Judgments for Noncontractual Money Obligations
In O’Leary, the parties’ JOD required the marital home to be sold and “the indebtedness or profit shall be shared equally.” The husband finally sold the home 6 years later for a loss.
Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal
The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.
Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility
Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove.
2 Trial Judges + Same Facts = Opposite Orders: Which Controls?
Morrissette v Doe is an interlocutory appeal concerning a procedural issue, namely, a reversal by one judge of the orders of another under MCR 2.613(B).
Changes in a Child's School Create a Change in the Established Custodial Environment
The trial court received additional evidence, considered the statutory best-interest factors, and found by clear and convincing evidence that primary custody with plaintiff was in the child’s best interests.
Timing to Pursue Retirement Accounts from Judgement of Divorce
A divorce judgment has been entered, with a retirement plan involved. How long do the parties have to enter their QDRO to effectuate the division of the retirement accounts?
Problems with the Court of Appeals' Adoption Trilogy Decision
Adoption attorneys & adoption agencies laud the COA published decision in “The Adoption Trilogy”. However, there are a few weak spots, and provides something to keep in mind for future cases.
HB 4691 is Bad for Michigan Children and Families
The Michigan legislature is trying to pass legislation called the Michigan Shared Parenting Act, HB 4691, which completely throws out over 30 years of statute and case law.
Dissent Presents Effective Argument for Allowing Change of Residence
The COA affirmed an order that denied defendant-mother’s request to change the legal residence of the child to CAN while granting plaintiff-father’s motion for primary physical custody.
Timing is Everything in Child Custody
The COA vacated and remanded the trial court’s order in Fante v Nova, saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".
Juvenile Code Doesn’t Allow a Predetermined Flat Rate Probation Fee
The COA held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order.
Cat’s Paw Theory of Discrimination Applies to FMLA
The term Cat’s Paw comes from an old fable in which a conniving monkey convinces a cat to reach into a fire to get roasting chestnuts.
Adoption Trilogy Secures the Future of Direct Placement Adoptions in Michigan
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG and In re JSP/In re BGP.
Michigan Supreme Court Holds that Summary Disposition was Improper Where Plaintiff Suffered Injuries While Unloading Personal Items from his Truck
The MI Supreme Court decided a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
Failure to Call Key Witness Held Ineffective Assistance of Counsel
The COA affirms the case against Clifford Thomas but vacates Jasmine Gordon’s conviction and remands for a new trial due to the ineffective assistance of Gordon’s counsel.
Two Fit Parents Wrongfully Subjected to Grandparenting Time Order
The COA issued another published opinion in a grandparenting time case. Geering v Robinson, issued June 13, 2017 (Docket 335794). In that case, the parents had divorced.