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Posted: Jan 30, 2018, 10:30 AM
In the case of In re Conservatorship of Rhea Brody, No. 332994, the Michigan Court of Appeals (MCOA), affirmed the lower court’s appointment of a conservator over Rita Brody, an adult, under the Estates and Protected Individuals Code (EPIC) MCL 700.5101 et seq.
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Posted: Jan 24, 2018, 10:30 AM
The case of Ray v Swager, No: 322766, came to the Michigan Court of Appeals (MCOA) on remand from the Michigan Supreme Court. In the first appeal to the MCOA, Eric Swager appealed the trial court’s denial of his motion for summary disposition. The MCOA reversed the trial court’s decision and remanded for entry of summary disposition in Swager’s favor based on the conclusion that reasonable minds could not conclude that Swager was “the proximate cause” of plaintiff Ray’s injuries.
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Posted: Jan 18, 2018, 11:00 AM
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute. During that time, Clark found listening devices and GPS tracking devices concealed in the child’s clothing during his parenting time.
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Posted: Jan 15, 2018, 12:00 PM
In In re Miller Minors, newborn twins were born at the hospital, where the mother surrendered them. As permitted by the statute, the mother (Surrendering Parent) did not identify the father. Pursuant to the statute, the hospital social worker attempted to learn as much as she could about both the surrendering parent and non-surrendering parent-again where the surrendering parent is not required to give any information. The hospital contacted an adoption agency, who placed the twins with prospective adoptive parents.
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Posted: Jan 9, 2018, 2:30 PM
A defendant must understand their plea before it can be entered in front of the court. With juveniles, MCR 3.941(C) says “the court shall tell the juvenile: the possible dispositions.” At a very basic level this means that the defendant must understand the consequences of what will come as a result of their plea.
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Posted: Jan 4, 2018, 11:00 AM
In the case of In re Detmer/Beaudry, Minor, No.336348, the two minor children, AB and KD, and their mother are members of the Sault Ste. Marie Tribe of Chippewa Indians (the Tribe) and thus, when AB was “removed” from his mother, the special protections of the Michigan Indian Family Preservation Act (MIFPA) applied. Because the trial court didn’t comply with those protections, the Michigan Court of Appeals (MCOA) vacated the court’s order and remanded for further proceedings.
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Posted: Jan 2, 2018, 2:30 PM
In three consolidated cases, Hegadorn v DHHS, No. 329508, the court looked at the individual funding of long-term care under Medicaid deciding that assets placed by an institutionalized individual’s spouse into a “Solely for the Benefit of” Trust (“SBO Trust”) are countable assets for determining whether the institutionalized individual is eligible for Medicaid benefits.
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Posted: Dec 28, 2017, 11:30 AM
In the matter of In re B. Hadd, Minor, No: 337095, 337097, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals (MCOA). The application of the MCOA order is being held in abeyance pursuant to the order of the Michigan Supreme Court, SC: 156604 because the Court believes the decision in the case of In re Hill, Minors (No.155152) presently before it may resolve a similar issue raised in the Hadd application for leave to appeal.
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Posted: Dec 22, 2017, 4:25 PM
Charging Lien: Discharged attorneys may obtain a charging lien, which “is an equitable right to have the fees and costs due for services secured out of the judgment or recovery in a particular suit.” George v Sandor M Gelman, PC, 201 Mich App 474 (1993).
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Posted: Dec 5, 2017, 2:35 PM
Change in circumstances often lead to a motion to change custody. In D’itri v Bollinger, unpublished per curiam opinion of the Court of Appeals, Docket 337815 (2017), the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.
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Posted: Nov 20, 2017, 4:05 PM
In In re LMB (Docket No. 338169), the Court of Appeals held that entry of an order of filiation while an adoption appeal was pending mooted the adoption appeal.
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Posted: Nov 16, 2017, 10:00 AM
For the second time and on identical issues, the matter of In re Jones, Minors, No. 336836, came before the Michigan Court of Appeals (MCOA) on the father’s appeal of a circuit court order terminating his parental rights. The MCOA again reversed and remanded for further proceedings, this time before a different jurist.
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Posted: Nov 6, 2017, 3:30 PM
In its recently published opinion, In re Guardianship of Dorothy Redd, __ Mich App __; __ NW2d __ (2017) (Docket 335152), the Court of Appeals addressed the standard for removal as well as the burden of proof for removing the guardian of an adult. The case involved Dorothy, an incapacitated elderly woman, Gary, her son, and Nichole, Gary’s daughter and Dorothy’s granddaughter. Gary had served as Dorothy’s guardian for 2 years.
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Posted: Nov 1, 2017, 2:30 PM
A writ of garnishment, upheld by the lower court following a motion to quash, was reversed and remanded by the Michigan Court of Appeals (COA) in DC Mex Holdings LLC v Affordable Land LLC (Docket 332489) due to trial court error.
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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 26, 2017, 2:00 PM
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent, alienating them from their children. Ahmed v Ahmed, 867 F3d 682 (2017), is a case looking at both of these laws. The father seeks to have his children returned to the United Kingdom from the United States. For the father to obtain a remedy both countries must be part of the Hague Convention–and they are. Then under the Hague Convention there are two methods to determine the child’s proper habitual residence.
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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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