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Posted: Sep 18, 2019, 12:10 PM
In the case of In re Estate of Seville (Docket No. 348819), plaintiff Tonya Phillips and defendant Andrew Seville were divorced. The couple had a contentious relationship. When their daughter was killed in a 2019 accident, the plaintiff and the defendant sought to be individually named as the personal representative of her estate.
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Posted: Sep 11, 2019, 11:30 AM
A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust, the Michigan Court of Appeals has ruled.
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Posted: Sep 4, 2019, 10:15 AM
Carol Rosebrook and Robert Lewis were a couple for about 24 years but never married. They had several joint and individual bank accounts. This case involved three bank accounts jointly owned by Rosebrook and Lewis, who had equal ownership of the accounts and had equal rights to access and use the funds.
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Posted: Aug 28, 2019, 11:05 AM
In In re AMR (Docket No. 344560), the petitioner-mother and the respondent-father were never married and had one child, AMR, together in 2013. When the petitioner married Adam Dizotell in 2017, she filed a petition to terminate the respondent’s parental rights so that Dizotell could adopt AMR.
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Posted: Aug 21, 2019, 9:30 AM
In In re AGD, Minor (Docket No. 345717), the petitioner-mother and the respondent-father were never married and in 2015 had one child together, AGD. The respondent established paternity by affidavit of parentage.
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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 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: 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 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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