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Posted: Sep 4, 2013, 5:00 PM
The 6th Circuit Court of Appeals affirmed the ruling of the District Court that an officer is not entitled to qualified governmental immunity and denied the defendant’s motion for summary judgment in a published opinion in Romo v. Largen, July 23, 2013 (Docket No. 12-1870).
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Posted: Aug 20, 2013, 9:05 AM
The Court of Appeals affirmed the termination of a mother's parental rights because she was the victim of domestic violence in In re Hopkins-Webster (unpublished August 13, 2013, Docket 315194).
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Posted: Jul 30, 2013, 10:30 AM
To decide a child's domicile for purposes of insurance coverage under the No-Fault Act, MCL 500.3114(1), the Michigan Supreme Court turned to family law in Grange Insurance v Lawrence (Docket 145206 & 145808) (authored by Justice Mary Beth Kelly).
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Posted: Jul 25, 2013, 4:10 PM
Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases.
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Posted: Jun 3, 2013, 5:05 PM
In its recent review of Kranz v Terrill (Docket 146436) the Michigan Supreme Court vacated and remanded portions of holdings from the Court of Appeals and Lenawee Circuit Court that were inconsistent with a case from the Supreme Court that was decided in 1929.
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Posted: Jun 3, 2013, 12:05 PM
The Court of Appeals reversed the termination of Respondent-Mother’s parental rights to her minor child in In the Matter of V. M. Inman, unpublished opinion per curiam of the Court of Appeals, issued April 9, 2013 (Docket No. 313055).
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Posted: May 23, 2013, 8:55 AM
The issue of operating a vehicle while internally possessing marijuana pursuant to the Michigan Medical Marijuana Act (“MMMA”) was tackled this week by the Michigan Supreme Court in its review of People v. Koon.
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Posted: May 10, 2013, 5:45 PM
The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.
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Posted: May 8, 2013, 5:15 PM
On April 16, 2013, the Michigan Court of Appeals affirmed in a published opinion a trial court’s grant of a judgment of divorce, despite the fact that the plaintiff-wife in the divorce was mentally incompetent and the defendant-husband in the divorce was no longer male. In Estate of Devon Burnett, Docket 309640.
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Posted: Apr 30, 2013, 9:00 AM
In a recent Court of Appeals decision, the answer was a resounding "no."
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Posted: Apr 16, 2013, 4:15 PM
In a recent case, In the Matter of Kloosterman, unpublished opinion per curiam of the Court of Appeals, issued March 26, 2013 (Docket No. 312138), the Court of Appeals had the opportunity to examine the meaning of MCL 712A.2(b), the provision which permits a trial court to take jurisdiction over the child in a child welfare proceeding.
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Posted: Mar 22, 2013, 4:45 PM
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month."
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Posted: Feb 25, 2013, 4:35 PM
I attended a fantastic SCAO Child Welfare Seminar on February 22, 2013 on "Building a Legal Arsenal to Defend Clients."
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Posted: Feb 14, 2013, 11:05 PM
A win for gun advocates and privacy advocates alike was recently decided when the Michigan Court of Appeals addressed an issue of first impression: does the Second Amendment bar the prosecution of an individual for possessing or using a firearm while intoxicated under MCL 750.237, where the individual is in their own home?
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Posted: Feb 8, 2013, 12:35 PM
The Michigan Supreme Court reversed in a part a trial court's award of attorney's fees in a divorce case.
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Posted: Feb 1, 2013, 12:00 PM
On Wednesday, a Federal Judge gave some Michigan inmates a ray of hope. Prison inmates who had been convicted as a juvenile and sentenced to life without parole filed suit seeking a ruling that MCL 791.234(6)(a) - Michigan’s parole statute - was unconstitutional under the U.S. Supreme Court’s ruling in Miller v Alabama.
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Posted: Jan 29, 2013, 9:00 AM
In a recent opinion, the Michigan Supreme Court in People v Trakhtenberg, __ Mich __; __ NW2d __ (2012)(Docket No 143386) addressed a very narrow issue (among many larger issues) - the use of collateral estoppel by the prosecution to prevent a criminal defendant from challenging his trial counsel’s effectiveness.
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Posted: Jan 24, 2013, 9:00 PM
Same-sex marriages and adoptions continue to reach the Michigan appellate courts. A parent in a former same-sex relationship challenged the other parent’s custodial rights by arguing that the probate court who granted the adoption lacked subject matter jurisdiction because it was same-sex adoption.
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Posted: Jan 11, 2013, 9:10 AM
I'll be honest. When I first started reading the 6th Circuit's opinion in Keith v Oakland County (decided 01/10/13 in a published opinion), I asked myself, how is it possible for a deaf lifeguard to safely perform his duties?
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Posted: Nov 21, 2012, 4:10 PM
Perhaps law schools should start requiring their students (and maybe state bars, too!) to take a course on attorney ethics and social media.
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