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Posted: Aug 14, 2019, 10:50 AM
In In re RC, Minor (Docket No. 343736), the biological parents’ rights had been terminated and the child, RC, was committed to the Michigan Children’s Institute (MCI) for adoption planning. RC was placed in the care of the petitioner, Lucinda Carrier, who had obtained a foster care license and was the child’s paternal aunt. Thereafter, the petitioner sought to legally adopt RC.
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Posted: Aug 7, 2019, 10:50 AM
The petitioners appealed, arguing their case was timely brought before the ALJ. They claimed an evidentiary hearing would have shown this to be true, but the ALJ made factual findings against them without giving them the opportunity to present their evidence.
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Posted: Jul 31, 2019, 12:45 PM
Battalion chiefs are second-in-command to the fire chief. Their duties include supervising firefighters, devising work plans, administering disciplinary action and inspecting/maintaining equipment, among other things.
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Posted: Jul 25, 2019, 3:50 PM
The parties, Plaintiff-Husband Richard W. Dorko and Defendant-Wife Shelby S. Dorko, were divorced in 2005. The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.
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Posted: Jul 24, 2019, 1:00 PM
The plaintiffs, who were members of the Registered Nurses and Registered Pharmacists Union (RNRPh), both called off work on May 11, 2017. The defendant fired the plaintiffs in June 2017 for allegedly striking on that day, in violation of Article 36 of the collective bargaining agreement (CBA) between the union and the defendant.
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Posted: Jul 19, 2019, 9:15 AM
The case arose when the Department of Health and Human Services petitioned the Otsego Circuit Court, Family Division, to remove minor JF from her parents. The Department alleged that JF’s parents had failed to adequately attend to JF’s medical needs by missing several of her medical appointments; not refilling her prescription medications; and failing to provide adequate living conditions for JF.
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Posted: Jul 17, 2019, 11:10 AM
The plaintiff in Rivera v SVRC Industries, Inc. (Docket No. 341516) asserted the defendant violated the Whisteblowers Protection Act (WPA) when it laid her off shortly after she reported another employee’s conduct to supervisors and indicated she may report the conduct to police.
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Posted: Jul 10, 2019, 9:05 AM
In Eplee v City of Lansing, the Lansing Board of Water and Light (BWL) rescinded the offer of employment it had made to the plaintiff following a mandatory drug screening that detected THC in the plaintiff’s system.
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Posted: Jul 3, 2019, 11:15 AM
The alleged facts that lead to the removal of Theresa Brennan began around the time she was first appointed to the bench in 2005. Although a district court judge, Brennan had been sitting by assignment in the Circuit Court Family Division.
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Posted: Jun 26, 2019, 11:10 AM
The defendant was charged with operating while intoxicated (OWI), in violation of MCL 257.625. The defendant filed a motion in 8th District Court (Kalamazoo County) to suppress the blood-draw evidence that was obtained. He argued the blood draw was an illegal warrantless search under the Fourth Amendment because he was threatened with losing his driving privileges if he refused consent.
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Posted: Jun 24, 2019, 12:30 PM
No criminal justice system is perfect: although our state’s criminal justice system is a great regulatory strong-arm, providing citizens’ protection by locking wrongdoers away, sometimes innocent people are convicted by mistake. When this happens, lives are destroyed.
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Posted: Jun 19, 2019, 9:10 AM
The defendant, Larry Mead, was a passenger in a vehicle that had been pulled over by Jackson Police Officer Richard Burkart for an expired license plate. Officer Burkart observed the defendant clutching a backpack on his lap. Both the defendant and the driver of the car told Officer Burkart the two had just met and that the driver was giving him (Mead) a ride.
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Posted: Jun 12, 2019, 11:20 AM
A criminal defendant can decline probation and be sentenced to incarceration instead, the Michigan Court of Appeals has ruled in People v Bensch, reaffirming four decades of case precedent.
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Posted: Jun 10, 2019, 2:05 PM
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”. Apol is a set of hierarchical requirements including such things as the districts being contiguous, districts must contain a population within 5% of the ideal district size, and that county and municipal breaks are minimized.
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Posted: Jun 5, 2019, 9:40 AM
In People v Brinkey (Docket No. 342419), 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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Posted: May 31, 2019, 1:50 PM
The probate court properly issued a permanent injunction to prevent the Lenawee Community Mental Health Authority from transferring a protected individual to another facility because the transfer would be detrimental to the protected individual’s well-being, the Michigan Court of Appeals has ruled.
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Posted: May 29, 2019, 9:30 AM
In In re Conservatorship of Elaine Straith (Docket No. 346103), the Court of Appeals also held the probate court properly revoked the husband’s appointment as his wife’s durable power of attorney.
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Posted: May 22, 2019, 1:00 PM
The Bittner case began in 2013 when 74-year-old Shirley Bittner petitioned the Macomb County Probate Court for an accounting and a protective order. Shirley claimed that her daughter, Suzanne, who was her designated power of attorney, had converted several accounts to joint tenancies and had withdrawn funds without her approval. When she demanded an accounting and the restoration of her assets, the probate court issued a temporary restraining order.
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Posted: May 15, 2019, 4:06 PM
The fact that a “Solely for the Benefit” (SBO) trust (1) includes former assets of a spouse who is now institutionalized and (2) allows the trustee to make payments to the non-institutionalized spouse does not automatically make the SBO trust assets countable for purposes of determining the institutionalized spouse’s Medicaid eligibility, the Michigan Supreme Court has ruled.
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Posted: May 8, 2019, 4:02 PM
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 – especially since the woman had clearly expressed a desire that her son be her guardian, according to the Michigan Court of Appeals.
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