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Posted: Aug 15, 2018, 9:15 AM
A spousal support award and the division of property in a divorce case must be vacated because the trial court engaged in a “parade of errors” – namely, denying the husband’s constitutional right to counsel, the Michigan Court of Appeals has ruled.
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Posted: Oct 30, 2017, 12:20 PM
Defendant Timothy Horton was charged with breaking and entering with the intent to commit larceny as a fourth habitual offender. Horton agreed to plead no contest to the charge, in exchange for being charged as a second habitual offender. At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
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Posted: Oct 23, 2017, 1:05 PM
Recently, the Speaker Law Firm obtained a published opinion on the post-judgment of divorce case of O’Leary v O’Leary, ___ Mich App ___ (Docket 333519), which has broad application beyond the family law context.
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Posted: Oct 19, 2017, 1:00 PM
Defendant Jeffrey Titus, convicted in 2002 by jury trial of the first-degree premeditated murders of Doug Estes and James Bennett, likes to spend time in litigation. We first wrote about him in Estes v Titus (July 2008) where the wife of Estes was trying to collect a wrongful death judgment from Titus who had transferred all his assets to his wife when they divorced. The Supreme Court ruled - with a caveat - that a property division in a divorce could be the subject of a Uniform Fraudulent Transfer Act action. Speaker Law Firm wrote the amicus brief for the Family Law Section (the Supreme Court disagreed with our position, but the concurring opinion by Marilyn Kelly did agree with us).
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Posted: Oct 17, 2017, 3:35 PM
Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove – “to establish a claim of ineffective assistance of counsel, the defendant must show that ‘counsel’s representation fell below an objective standard of reasonableness’ under prevailing professional norms and that there is a ‘reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” People v Gioglio, 296 Mich App 12 (2012), quoting Strickland v Washington, 466 US 668, 688, 694; 104 St Ct 2052; 80 L Ed 2d 674 (1984). People v Carver, unpublished per curiam opinion of the Court of Appeals, issued August 29, 2017 (Docket No 328157), deals with the issue of the defense attorney who had knowledge of an essential expert witness, but failed to utilize this expert.
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Posted: Oct 2, 2017, 2:25 PM
MCR 2.613(B) sets out the limitations on error-correction by one judge of the orders of another judge and provides the following: A judgment or order may be set aside or vacated, and a proceeding under a judgment or order may be stayed, only by the judge who entered the judgment or order, unless that judge is absent or unable to act. If the judge who entered the judgment or order is absent or unable to act, an order vacating or setting aside the judgment or order or staying proceedings under the judgment or order may be entered by a judge otherwise empowered to rule in the matter.
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Posted: Sep 21, 2017, 11:30 AM
A divorce judgment has been entered, with a retirement plan involved. How long do the parties have to enter their QDRO (qualified domestic relations order) to effectuate the division of the retirement accounts?
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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: Jul 12, 2017, 2:30 PM
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG (Docket 332928) and In re JSP/In re BGP (Dockets 333700, 333813).
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Posted: Jul 7, 2017, 4:00 PM
This week's Michigan Lawyer's Weekly issue covered the recent Speaker Law Firm published victory in Geering v Geering.
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Posted: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
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Posted: Jun 30, 2017, 12:45 PM
Happy Independence Day from Speaker Law Firm!
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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 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 7, 2017, 10:10 AM
In this case of consolidated appeals of denial of motions to quash their bind-overs to Eaton Circuit Court on charges of owning a dangerous animal, People v Ridge, No. 333790 and People v Olney, No. 333791, the Michigan Court of Appeals reversed and remanded for entry of an order quashing the bind-overs.
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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: May 23, 2017, 5:20 PM
Michigan Court of Appeals reversed and remanded the case of Yu v Farm Bureau, Docket 331570, to the lower court to enter a judgment in favor of Plaintiff Yu on the issue of coverage and to proceed to determine damages.
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Posted: May 17, 2017, 4:55 PM
The Michigan Court of Appeals in Estate of Aaron Reid v ThomasWalker, No. 328587, reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist. The dissenting judge, Judge Peter O’Connell wrote a dissenting opinion affirming the entire circuit court’s opinion.
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