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Posted: Dec 26, 2018, 2:15 PM
A criminal defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error does not, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim related to that same error, according to the Michigan Supreme Court.
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Posted: Jul 28, 2017, 9:35 AM
The Michigan Court of Appeals (MCOA) vacated and remanded the trial court’s order in Fante v Nova, Nos. 334735, 336085 saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".
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Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
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Posted: Jul 17, 2017, 5:10 PM
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. The cat is duped, burns its paw and the monkey enjoys the chestnuts with no harm. In the employment discrimination context, ‘cat’s paw’ refers to a situation in which a biased subordinate, who lacks decision making power, uses the formal decision maker as a dupe in a deliberate scheme to trigger a discriminatory employment action.” (EEOC v. BCI Coca-Cola Bottling Co. of Los Angeles,) 450 F.3d 476, 484 (10th Cir. 2006).
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Posted: Jun 27, 2017, 2:50 PM
On June 15, 2017, the Michigan Supreme Court decided Kemp v Farm Bureau General Insurance Company of Michigan (Docket No. 151719), a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
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Posted: Jun 22, 2017, 7:10 PM
The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
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Posted: Jun 14, 2017, 1:40 PM
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.
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Posted: Jun 2, 2017, 3:50 PM
In this case of consolidated appeals, People v Thomas, No. 329448 and People v Gordon, No. 329449, the Michigan Court of Appeals 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.
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Posted: Mar 29, 2017, 10:25 AM
Michigan Court of Appeals (MCOA) in Kevin Smith v City of Flint, No. 320437, a for publication opinion, affirms lower court grant of summary disposition on Plaintiff’s claim under the Whistleblowers’ Protection Act (WPA) MCL 15.361 et seq.
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Posted: Jan 23, 2017, 6:42 PM
hen driving your golf cart on a golf course, ordinary negligence is the standard of care and not the “reckless misconduct” standard applicable to recreational activities according to the Michigan Court of Appeals in Bertin v Mann, No.328885.
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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Dec 9, 2016, 10:10 AM
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. In People v Ambrose, 317 Mich App 556, (2016) Docket 327877, the COA, affirming the lower court sentence, ruled that “without declaring the fetus in this case to be a “person” under the law, we conclude the trial court did not err in counting the fetus as a “victim” for purposes of scoring OV 9.”
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Posted: Dec 2, 2016, 11:00 AM
In In re GRD (Docket No. 333131), the Court of Appeals addressed whether the rule of In re Mason, 486 Mich 142; 782 NW2d 747 (2010)—that 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.
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Posted: Nov 21, 2016, 1:30 PM
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. In Re Jones, unpublished per curiam, issued November 8, 2016 (Docket 332616).
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Posted: Nov 10, 2016, 12:10 PM
While parenting time between the preliminary hearing and adjudication and after the termination petition is filed are controlled by court rules (MCR 3.965(C)(7)(a); MCR 3.977(D) ) and statutes (MCL 712A.13a(13) ; MCL712A.19b(4)), visitation after adjudication is controlled by the court.
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Posted: Sep 27, 2016, 1:25 PM
In this case (In re Trumble, No 330627) Respondent Mother appealed the Gladwin Circuit Court order terminating her parental rights to her child arguing that the trial court violated her due process by its failure to sua sponte or on its own appoint an attorney to represent her. The Court of Appeals, affirmed the trial court order, stating that because the respondent knowingly declined the offer of appointed counsel at the preliminary hearing and had never shown she suffered from an obvious cognitive impairment, she failed to show that the trial court denied her due process by declining to sua sponte appoint counsel.
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Posted: Sep 20, 2016, 2:20 PM
Judge Peter D. O’Connell likes being a judge of the Fourth District of the Michigan Court of Appeals, a position to which he was elected in 1994 and reelected as an incumbent every six years to this day. Unfortunately for Judge O’Connell, because he will reach his 70th birthday before his current term expires in November, under Michigan law he can’t run for re-election. Judge O’Connell’s solution to this conundrum was not to turn back the hands of time but to run as an incumbent for a Court of Appeals position beginning in Jan. 2017 currently held by Judge Michael Gadola.
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Posted: Sep 6, 2016, 12:40 PM
The Court of Appeals held that an attorney could not be sued for legal malpractice, even if the attorney missed the deadline for filing a Claim of Appeal.
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