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Posted: Aug 15, 2016, 12:25 PM
Tweets meant to ridicule and satirize another’s social media presence in a humorous way are parody and thus protected by the First Amendment Right to Free Speech according to a recent opinion issued by the Michigan Court of Appeals (COA).
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Posted: Aug 10, 2016, 5:05 PM
Michael Barrett, Director of the Missouri State Public Defender (MSPD) office, recently exercised his authority to “delegate the legal representation of any person to any member of the state bar of Missouri” to appoint Governor Jay Nixon to represent an indigent defendant facing incarceration and in need of representation.
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Posted: Aug 7, 2016, 5:50 PM
Hon. Peter D. O’Connell turned to the Court of Claims seeking a writ of mandamus to force the the Director of Elections to consider his Affidavit of Candidacy for a six-year term on the Court of Appeals (COA). When the Court of Claims (COC) dismissed his complaint for want of subject-matter jurisdiction, he appealed to the Court of Appeals (Peter D. O’Connell v Director of Elections, Bureau of Elections and the Department of State. No 332132, Court of Claims, LC No. 16-000038-MB).
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Posted: Aug 1, 2016, 10:20 AM
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples. And, because the doctrine doesn’t apply, Plaintiff Michelle Lake does not have standing to seek parenting time with the child. Therefore, the COA remanded the matter back to the trial court for entry of an order granting summary disposition in the defendant’s favor. Judge Douglas B. Shapiro wrote a concurring opinion, stating the circumstances where he could see a different outcome
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Posted: Jul 22, 2016, 9:25 PM
The book Wicked Takes the Witness Stand by former journalist Mardi Link recounts the true story of the extensive legal proceeding following a 1986 murder in a page-turner of a story in Gaylord, Michigan.
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Posted: Jul 8, 2016, 9:20 AM
The MI Court of Appeals (COA) held the Ingham County trial court’s termination of a father’s rights was clearly erroneous where the rights were terminated because (1) the conditions that led to the adjudication continued to exist, (2) the father failed to provide proper care and custody and (3) there was a reasonable likelihood of harm if the situation continued.
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Posted: Jul 1, 2016, 3:45 PM
The Court of Appeals (COA) reversed the decision of the probate court, confirmed by the circuit court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship. The matter was returned to the Probate Court for further proceedings.
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Posted: Jun 13, 2016, 11:35 AM
Speaker Law Firm had a great time joining Women Lawyers Association of Michigan
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Posted: Jun 8, 2016, 10:05 AM
The Court of Appeals (COA) vacated a trial court’s order terminating the parental rights of a cognitively impaired young woman due to the repeated failure of the DHHS to make reasonable efforts to reunify the family.
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Posted: Jun 3, 2016, 9:40 AM
The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.
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Posted: May 25, 2016, 10:30 AM
As we reported earlier, employees looking for job protection under the Whistleblowers Protection Act (WPA) will have to search elsewhere when they report a suspected future violation of the law under the Michigan Supreme Court ruling in Pace v Edel-Harrelson No. 151374. The court held that such reports were not “protected activity” under the WPA. It remanded the case back to the Court of Appeals for consideration of the plaintiff’s claim that her termination was a violation of public policy.
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Posted: May 16, 2016, 3:20 PM
Under MCR 7.205(G)(3), appellate counsel has always assumed that there was a 6 month absolute deadline for filing an application for leave in the Court of Appeals (subject to specific jurisdictional and criminal exceptions). MCR 7.205(G)(3) states:
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Posted: May 10, 2016, 1:05 PM
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
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Posted: May 4, 2016, 11:00 AM
In Teruya v Burgan, Docket No. 325126, issued April 7, 2016, a Michigan mother and Californian father of three children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time and the father filed a complaint for paternity in Wayne Circuit Court.
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Posted: Apr 29, 2016, 11:25 AM
A Grand Rapids ordinance that prohibits the use of a premises “which shall destroy the peace and tranquility of the surrounding neighborhood” is unconstitutionally vague, the Michigan Court of Appeals has ruled in a published opinion.
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Posted: Apr 25, 2016, 11:10 AM
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees and the fees were not the result of her ex-husband’s failure to obey a court order, the Michigan Court of Appeals has ruled.
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Posted: Apr 19, 2016, 1:35 PM
The Michigan Court of Appeals has peremptorily vacated a trial court order that denied a mother’s motion to transfer a child-custody case from Michigan to Idaho.
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Posted: Apr 11, 2016, 1:05 PM
The Michigan Supreme Court has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying termination of parental rights case.
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Posted: Apr 1, 2016, 11:20 AM
Whether to consolidate multiple arbitration claims is a decision for the arbitrator, and not the trial court, unless the arbitration agreement specifically addresses the issue, the Michigan Court of Appeals has ruled in a published decision.
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Posted: Mar 28, 2016, 9:25 AM
Following the most recent blog (In re Jones, blog dated March 21, 2016) about the Supreme Court’s continued interest in the Hatcher rule,the Michigan Court of Appeals has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial and, as a result, his due process rights were violated.
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