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Posted: Sep 8, 2021, 9:50 AM
The Michigan Supreme Court has let stand an appeals court decision holding that a grandmother should not have been appointed full guardian of her grandchildren.
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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.
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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.
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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.
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Posted: Dec 9, 2020, 9:45 AM
A trial court did not violate a father’s due process rights and properly terminated his parental rights because the father validly waived his participation in the best-interest hearing, the Michigan Court of Appeals has ruled.
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Posted: Apr 22, 2020, 10:40 AM
Social workers who conducted in-school interviews of the plaintiffs’ children as part of a child-abuse investigation violated the plaintiffs’ Fourth Amendment rights because the social workers did not have a “reasonable suspicion” of abuse, the 6th U.S. Circuit Court of Appeals has ruled in Schulkers v Kammer.
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Posted: Mar 11, 2020, 1:15 PM
The plaintiff and the defendant are the parents of twins. The parties were never married or in a romantic relationship. The parties shared legal custody and the defendant had physical custody of the children. The parties were able to effectively co-parent throughout much of the children’s adolescence.
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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 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: Mar 19, 2019, 1:31 PM
A trial court erred by exercising jurisdiction over a juvenile under MCL 712A.2(b) and, therefore, the order terminating the respondent-father’s parental rights to the child had to be vacated, the Michigan Court of Appeals has ruled.
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Posted: Mar 13, 2019, 1:58 PM
Unknown Father’s Rights Terminated: MSC Vacates Decision, Remands Matter For Specific Answers
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Posted: Mar 11, 2019, 1:39 PM
Writing for a unanimous court, Justice Ruth Bader Ginsburg of the United States Supreme Court ruled that the 8th Amendment’s protection from excessive fines is incorporated under the Due Process Clause of the 14th Amendment and thus applies to state and local actors. Timbs v. Indiana, 586 U.S. ___ (2019).
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Posted: Oct 17, 2018, 2:20 PM
The Michigan Supreme Court recently adopted the constitutional standard for reviewing an indigent defendant’s request for state funds to hire an expert witness, tossing out the decades-old practice of reviewing such requests under state law – specifically, MCL 775.15.
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Posted: Mar 21, 2018, 5:39 PM
It was unconstitutional to retroactively apply Michigan’s Sex Offender Registration Act (SORA) to a defendant who, at age 19, had pleaded guilty to a sex offense under a state diversionary statute, the Michigan Supreme Court has ruled.
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Posted: Mar 20, 2017, 9:25 AM
The Michigan Court of Appeals reversed the lower court decision terminating the father’s rights to his child because of the termination of his rights to two children in the past (MCL 712.19b (3)(l)—termination where parent’s rights to another child have been terminated.)
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Posted: Feb 10, 2017, 1:10 PM
In Washington v Trump, the 9th circuit court of appeals declined to grant a stay of the federal district court’s order. In doing so, the court had to review the likelihood that the executive branch would succeed on the merits.
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Posted: Mar 22, 2016, 9:40 AM
An ex-wife should not have been held in criminal contempt for having the parties’ child baptized without first consulting her ex-husband, the Michigan Court of Appeals has ruled.
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Posted: Mar 27, 2014, 4:30 PM
The Court of Appeals has addressed the one-parent in the context of a plea taken from a nonparent adult, In re Slater/Wiemer, issued March 25, 2014 (Docket 317132).
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