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Posted: Jun 16, 2021, 11:50 AM
A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.
Posted: Jun 9, 2021, 10:10 AM
An order terminating a mother’s parental rights must be reversed because no case treatment plan existed and she “could not be faulted for failing to complete a nonexistent treatment plan,” the Michigan Court of Appeals has ruled.
Posted: May 26, 2021, 11:20 AM
The Michigan Court of Appeals has established a new standard for when an expert witness may be disqualified for an alleged conflict of interest.
Posted: May 19, 2021, 11:00 AM
In a fractured and lengthy opinion, the 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.
Posted: May 12, 2021, 10:35 AM
The trial court properly held the respondent in criminal contempt for violating a non-domestic personal protection order (PPO), the Michigan Court of Appeals has ruled. The respondent in In re JCB argued, among other things, that his conviction for violating a PPO obtained by his neighbor should be reversed because the trial court provided “insufficient findings of fact and law.”
Posted: May 5, 2021, 9:45 AM
The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine,” finding an exception to the doctrine did not exist in a case involving a Kent County trial court judge.
Posted: Apr 28, 2021, 10:30 AM
The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.
Posted: Apr 21, 2021, 11:10 AM
The Michigan Supreme Court has ruled that the Kalamazoo County Circuit Court improperly took jurisdiction over a father’s children and placed them in foster care because there was insufficient evidence of “educational neglect.”
Posted: Apr 14, 2021, 10:40 AM
The trial court improperly denied the petitioner’s request to change his legal name based on his criminal record, the Michigan Court of Appeals has ruled, because the petitioner successfully rebutted the presumption of a fraudulent purpose for wanting the name change.
Posted: Apr 7, 2021, 10:10 AM
A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner, the Michigan Court of Appeals has ruled.
Posted: Mar 31, 2021, 9:40 AM
The Michigan Court of Appeals affirmed the trial court’s order taking jurisdiction over the child and vacated the trial court’s termination order. The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.
Posted: Mar 24, 2021, 9:55 AM
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation, the Michigan Court of Appeals has ruled.
Posted: Mar 17, 2021, 10:25 AM
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient,” the Michigan Supreme Court has ruled.
Posted: Mar 10, 2021, 10:50 AM
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying, the Michigan Court of Appeals has ruled, finding the case should not have been summarily dismissed.
Posted: Mar 5, 2021, 1:20 PM
The Court of Appeals reversed the trial court’s decision denying the defendant’s motion to quash subpoenas because it was unclear whether the defendant knew that his communications with his attorney, through the use of his employer-provided email address, were not protected by the attorney-client privilege.
Posted: Mar 3, 2021, 11:25 AM
The trial court’s order removing the minor child from the respondent-mother’s care must be vacated because the respondent was denied her fundamental right to procedural due process, the Michigan Court of Appeals has ruled.
Posted: Feb 24, 2021, 10:30 AM
The trial court improperly dismissed an authorized petition to terminate the respondent’s parental rights because it did not issue a decision on the merits of the case, the Michigan Court of Appeals has ruled.
Posted: Feb 17, 2021, 11:10 AM
The trial court in this dog-bite case improperly granted summary disposition to the animal’s owners, the Michigan Court of Appeals has ruled, because the dog was not provoked by the victim.
Posted: Feb 10, 2021, 9:35 AM
The father in this case was erroneously granted joint physical and legal custody of the parties’ children, the Michigan Court of Appeals has ruled, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile, effectively placing the burden of proof on the mother for both motions.
Posted: Feb 3, 2021, 10:10 AM
A mother’s motion for modification of custody was erroneously denied, the Michigan Court of Appeals has ruled, because the trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
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