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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In a recent case, In the Matter of Kloosterman, unpublished opinion per curiam of the Court of Appeals, issued March 26, 2013 (Docket No. 312138), the Court of Appeals had the opportunity to examine the meaning of MCL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of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month."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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Posted: Nov 7, 2012, 4:05 PM
Don’t get me wrong. I love the COA website (even the newly minted website to which I am still adjusting).
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Posted: Oct 23, 2012, 9:45 AM
When I attended oral argument the other day in People v Trakhtenberg (SCt Docket 143386), it was interesting to listen to the court's questions.
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Posted: May 2, 2012, 8:10 AM
The Court of Appeals in Frowner v Smith, published opinion of the Court of Appeals, issued April 26, 2012 (Docket 305704), addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.
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Posted: Apr 30, 2012, 9:35 AM
A recent premise liability case leaves this Speaker speechless.
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Posted: Jan 30, 2012, 10:05 AM
In the underlying action of In re Moore, unpublished per curiam opinion of the Court of Appeals, Docket No. 298100, December 22, 2011, an interested party in a probate estate (son) alleged that the personal representative provided fraudulent misinformation about the legal obligation to repay a mortgage loan secured by a mortgage on real property.
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Posted: Dec 13, 2011, 9:00 AM
From Kessler v Kessler, 295 Mich App 54 (2011).
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Posted: Dec 9, 2011, 11:25 AM
The Michigan Supreme Court heard arguments on December 7, 2011
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Posted: May 27, 2011, 2:55 PM
In a published opinion, In re TD, the Court of Appeals held that application of SORA was not "punishment," so it could not be deemed unconstitutional on grounds that it was cruel and unusual as applied to the respondent.
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Posted: Apr 22, 2011, 10:15 AM
In Sharp v City of Benton Harbor, the COA held that a curb comes withing the definition of "a public highway, road, or street," for purposes of applying the highway exception to governmental immunity to municipalities. In Sharp, the plaintiff sustained injuries when she stepped onto a crumbling curb.
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Posted: Apr 8, 2011, 10:10 AM
The Court of Appeals issued a published opinion addressing application of federal law (HIPAA) and state law of physician-patient privilege to discovery requests for non-party patient information.
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