Case law

People v. Coones

216 Mich. App. 721 · Michigan Court of Appeals · Jul 12, 1996

A judge’s ordinary efforts at courtroom administration-even a stem and short-tempered judge’s ordinary efforts at courtroom administration-remain immune. [ 127 L Ed 2d 490 -491 (emphasis in the original).] … Clearly defendant’s new counsel at sentencing was insufficiently prepared to advocate on defendant’s behalf and to advise and counsel defendant on his allocution opportunity.

Randy Atto v. Stephen Wandrie

Michigan Court of Appeals · Oct 27, 2022

“Section 4 grants broad immunity from criminal prosecution and civil penalties to ‘qualifying patients’ and ‘primary caregivers’ if certain conditions are met.” Id. at 71-72. … “Sections 4(a) and 4(b) of the MMMA contain parallel immunity provisions that apply to qualifying patients and registered caregivers, respectively.” Id. at 76.

Borgess Medical Center v. Resto

273 Mich. App. 558 · Michigan Court of Appeals · Mar 30, 2007

The trial court did not clearly err by awarding plaintiff attorney fees under MCL 500.3148(1). *581 Finally, defendant has failed to establish that the trial court abused its discretion in determining the amount of attorney … We further hold that the trial court did not clearly err in awarding plaintiff penalty interest under MCL 500.3142, nor did the trial court either clearly err or abuse its discretion by awarding plaintiff attorney fees under

American Youth Foundation v. Township of Benona

8 Mich. App. 521 · Michigan Court of Appeals · Nov 30, 1967

These include carefully selected individuals, consisting of college deans and professors, clergymen, schoolteachers and other qualified individuals who administer the curriculum hereinbefore outlined. … The constitutionality of a statute will be supported by all possible presumptions not clearly inconsistent with the language and subject matter. Oakland County Taxpayers’ League v.

People v. Landt

188 Mich. App. 234 · Michigan Court of Appeals · Apr 1, 1991

The facts in the affidavit were sufficient to establish probable cause to search for the jacket and marijuana, but were insufficient to establish probable cause to search for any other narcotics or evidence of drug trafficking … The affidavit should clearly set forth the facts and circumstances within the knowledge of the person making it, which constitute the grounds of the application.

Rebecca Mitchell v. City of Detroit

Michigan Court of Appeals · Oct 28, 2021

Once the moving party meets that burden, the burden shifts to the nonmoving party to submit evidence establishing that there is a genuine issue of material fact. … We also review de novo the applicability of governmental immunity and the statutory exceptions to governmental immunity.

People v. London Williams

117 Mich. App. 262 · Michigan Court of Appeals · Jun 22, 1982

In order to establish a violation of the Sixth Amendment, a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance. … The subject of the question was irrelevant and the witness was not qualified to answer it. Nonetheless, we find that the trial judge’s curative instruction protected defendant from prejudice.

Michigan Head & Spine Institute Pc v. Nationwide Mutual Fire Ins

Michigan Court of Appeals · May 15, 2025

Instead, the statutory language in § 3142 merely establishes that benefits are overdue if not paid within the stated period. … The providers quote Bazzi v Sentinel Ins Co, 502 Mich 390, 399; 919 NW2d 20 (2018), as support for the proposition that “the Legislature’s decision to leave the 30-day requirement intact clearly evidences its continuing policy

Portland Public Schools Board of Education v. Dowling

138 Mich. App. 824 · Michigan Court of Appeals · Nov 7, 1984

established on a case-by-case basis to the satisfaction of both parties. … In addition, defendant contends that the circuit court’s decision on the issue was clearly erroneous. We disagree.

in Re Horton Estate

Michigan Court of Appeals · Jul 17, 2018

GAI maintained that decedent’s electronic “farewell” note qualified as decedent’s will. … In what is clearly a final note to be read upon decedent’s death, the document then clearly dictates the distribution of his property after his death. Cf.

Jinkner v. Town & Country Lanes, Inc.

10 Mich. App. 596 · Michigan Court of Appeals · Apr 2, 1968

We acknowledge we are bound to accept the trial judge’s findings of fact unless they are clearly erroneous. GrCR 1963, 517. We have concluded they are. … Jinkner’s statement that the refinished pins would “stand up,” as qualified by the words “for looks,” does not support the finding that Jinkner agreed to rebuild the pins, or to make them usable or add to their useful life

Mr Sunshine v. Charter Township of Lyon Board of Trustees

Michigan Court of Appeals · Aug 20, 2025

The trial court also dismissed the civil conspiracy claim against the Board members, holding that plaintiffs had not pleaded facts in avoidance of governmental immunity. … Additionally, the court found that Rosati should not have been compelled to defend against the lawsuit, asserting, contrary to plaintiffs’ contention, that Rosati did not qualify as a public official in the context of the

Estate of Effie Taylor v. University Physician Group

Michigan Court of Appeals · Jul 25, 2019

The legal issue presented was whether the officer was entitled to qualified immunity, which immunizes an officer from liability when the use of force is reasonable. Id. at 651. … And if Taylor was not bleeding from those sites, the dissent reasons, plaintiff “cannot establish that Dr. Sklar’s biopsies caused Taylor’s death.”

in Re Horton Estate

Michigan Court of Appeals · Jul 17, 2018

GAI maintained that decedent’s electronic “farewell” note qualified as decedent’s will. … In what is clearly a final note to be read upon decedent’s death, the document then clearly dictates the distribution of his property after his death. Cf.

People v. McKinney

251 Mich. App. 205 · Michigan Court of Appeals · Aug 23, 2002

For this reason, such jurisdictions will be immune from systemic challenges. … The fact that in a particular case it may take longer than 48 hours to consolidate pretrial proceedings does not qualify as an extraordinary circumstance. Nor, for that matter, do intervening weekends.

Anglers of AuSable, Inc. v. Department of Environmental Quality

283 Mich. App. 115 · Michigan Court of Appeals · Mar 31, 2009

On the contrary, the reference diagram attached to the easement clearly indicates discharge flowing into Koike Creek. … inconsistent with the well-established principles of legal interpretation ...

Grigg v. Michigan National Bank

72 Mich. App. 358 · Michigan Court of Appeals · Nov 22, 1976

The second test of adequacy of representation, is whether the representative will vigorously pursue the rights of the class through qualified counsel. … If we apply the clearly erroneous standard we still cannot say the trial court erred. The evidence contradicting the appearance of solicitation and conflict of interest does not clearly preponderate.

Riemer v. Johnson

311 Mich. App. 632 · Michigan Court of Appeals · Aug 18, 2015

Such an inconsistency would have to be established on the record, but as the trial court found, has not been established here. … Regarding factor (7), the trial court found that the parties’ attorneys were well-qualified and represented the parties well.

In Re Chamberlin Estate

109 Mich. App. 69 · Michigan Court of Appeals · Sep 8, 1981

On November 11, 1975, Myrtle Chamberlin established a revocable inter vivos trust with appellants named as trustees. … Paragraph four clearly evidences an intent on the part of the Legislature to clarify the inheritance tax position of the donee in the event of his death.

McMillan v. Crime Victims Compensation Board

155 Mich. App. 358 · Michigan Court of Appeals · Oct 8, 1986

One tangible form that this awareness took was compensation to the victims of crime for out-of-pocket losses as defined in the statute. 5 In Michigan, the statute places greater limitations upon qualifying for benefits than … The owner of said establishment pled guilty to sale or traffic in alcohol *362 without a license contrary to Section 436.32, C.L. 1970; MSA 18.1003. The injury occurred within the establishment.