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Will WICA Soon be Modified? Michigan’s Supreme Court Set to Weigh in on Tomasik Appeal.
Speaker Law Firm 6/21/19 Speaker Law Firm 6/21/19

Will WICA Soon be Modified? Michigan’s Supreme Court Set to Weigh in on Tomasik Appeal.

No criminal justice system is perfect: although our state’s criminal justice system is a great regulatory strong-arm, sometimes innocent people are convicted by mistake.

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Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack
Speaker Law Firm 6/19/19 Speaker Law Firm 6/19/19

Officer Needed Vehicle Passenger’s Consent Before Searching His Backpack

A police officer did not have the authority to search a backpack belonging to the passenger in a vehicle because the officer did not first obtain the passenger’s consent.

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Court Of Appeals Reaffirms That Defendants May Reject Probation
Speaker Law Firm 6/14/19 Speaker Law Firm 6/14/19

Court Of Appeals Reaffirms That Defendants May Reject Probation

The 2-1 published decision in Bensch upholds the rule first set forth in People v Peterson, 62 Mich App 258 (1975), allowing criminal defendants to reject probation for jail time.

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U.S. District Court Rules that Michigan Gerrymandering Scheme was Unconstitutional
Speaker Law Firm 6/12/19 Speaker Law Firm 6/12/19

U.S. District Court Rules that Michigan Gerrymandering Scheme was Unconstitutional

According to the Michigan Constitution, congressional districts must be redrawn every ten years based on the state census results and by using what is called “Apol criteria”.

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Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied
Speaker Law Firm 6/5/19 Speaker Law Firm 6/5/19

Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied

The Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.

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Injunction Properly Issued to Prevent Transfer of Protected Individual
Speaker Law Firm 5/29/19 Speaker Law Firm 5/29/19

Injunction Properly Issued to Prevent Transfer of Protected Individual

The probate court properly issued a permanent injunction to prevent the Lenawee Community Mental Health Authority from transferring a protected individual to another facility.

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Woman’s Daughters - Not Husband - Were Properly Appointed As Co-Conservators
Speaker Law Firm 5/22/19 Speaker Law Firm 5/22/19

Woman’s Daughters - Not Husband - Were Properly Appointed As Co-Conservators

A probate court did not err in appointing the daughters of a woman with Alzheimer’s disease and dementia as her co-conservators rather than appointing her husband.

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Elderly Woman Not Mentally Deficient: Conservator Wrongly Appointed
Speaker Law Firm 5/17/19 Speaker Law Firm 5/17/19

Elderly Woman Not Mentally Deficient: Conservator Wrongly Appointed

A probate court should not have appointed a conservator for a 74-year-old woman who suffered some minor memory problems and math difficulties.

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Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility
Speaker Law Firm 5/15/19 Speaker Law Firm 5/15/19

Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility

In Hegadorn v Dep’t of Human Services Director, the SCT reversed and remanded the MI COA decision that said SBO trust assets are automatically countable for Medicaid eligibility.

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Probate Court Didn’t Use Proper Legal Standard When Appointing Guardian
Speaker Law Firm 5/8/19 Speaker Law Firm 5/8/19

Probate Court Didn’t Use Proper Legal Standard When Appointing Guardian

Unless the Probate Court finds that an elderly woman’s son cannot provide for her care, custody and control, the son should be appointed her permanent guardian.

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Unambiguous Contracts Prevail Over Spousal Support Guidelines
Speaker Law Firm 5/1/19 Speaker Law Firm 5/1/19

Unambiguous Contracts Prevail Over Spousal Support Guidelines

The Court of Appeals found that the parties’ unambiguous consent judgment of divorce demonstrated their intent to only modify spousal support.

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Child Custody Act Misinterpreted, Father’s Change Of Domicile Motion Wrongly Denied
Speaker Law Firm 4/24/19 Speaker Law Firm 4/24/19

Child Custody Act Misinterpreted, Father’s Change Of Domicile Motion Wrongly Denied

The trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved to IN.

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Motion To Change Domicile Vacated Because Established Custodial Environment Not Considered
Speaker Law Firm 4/17/19 Speaker Law Firm 4/17/19

Motion To Change Domicile Vacated Because Established Custodial Environment Not Considered

The trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment.

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Mother’s Motion To Relocate Child To Pakistan Was Properly Denied
Speaker Law Firm 4/12/19 Speaker Law Firm 4/12/19

Mother’s Motion To Relocate Child To Pakistan Was Properly Denied

A trial court correctly rejected a mother’s motion to change the domicile of the parties’ minor child to Pakistan because Pakistan is not a party to the Hague Convention.

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MRPC 1.5(e) Does Not Require Referring Attorneys to Have an Attorney-Client Relationship to Earn Referral Fees, According to the Michigan Court of Appeals
Speaker Law Firm 4/10/19 Speaker Law Firm 4/10/19

MRPC 1.5(e) Does Not Require Referring Attorneys to Have an Attorney-Client Relationship to Earn Referral Fees, According to the Michigan Court of Appeals

When law firms enter into referral agreements, the client must be advised of & not object to the division of fees, but the client need not have an attorney-client relationship with the referring firm.

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Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required
Speaker Law Firm 4/3/19 Speaker Law Firm 4/3/19

Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required

When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development.

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Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated
Speaker Law Firm 3/27/19 Speaker Law Firm 3/27/19

Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated

The termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative.

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Michigan Supreme Court to Decide Whether to Include Non-Mandatory Reporters of Child Abuse in Statutory Scheme of Criminal Penalties for Making a False Report
Speaker Law Firm 3/22/19 Speaker Law Firm 3/22/19

Michigan Supreme Court to Decide Whether to Include Non-Mandatory Reporters of Child Abuse in Statutory Scheme of Criminal Penalties for Making a False Report

The COA held that the defendant was neither a mandatory reporter of child abuse nor did she make the report of child abuse herself, she was still criminally liable for the false report.

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