Case law

Muhith Mahmood v. City of Hamtramck

Michigan Court of Appeals · Mar 27, 2026

Plaintiff emphasizes in particular Const 1963, art 2, § 4(1)(a)’s language that all citizens who are electors qualified to vote in Michigan shall have “[t]he fundamental right to vote,” and Const 1963, art 2, § 4(1)(h)’s … The security of the 37 uncounted ballots was clearly not preserved, so if plaintiff was requesting a recount, those ballots would seemingly be ineligible under MCL 168.871(2).

People v. Sands

82 Mich. App. 25 · Michigan Court of Appeals · Mar 20, 1978

The ruling of the trial judge was not clearly erroneous and is upheld by this Court. We have ruled that the arrest was legal and proper and that defendant’s confession was properly admitted. … Before tracking-dog evidence is admissible, the prosecution must establish four conditions which provide a proper foundation.

Estate of Karl Gerardi v. Sara Walters

Michigan Court of Appeals · Jan 15, 2015

“Generally, once a standard of conduct is established, the reasonableness of an actor’s conduct under the standard is a question for the factfinder, not the court.” … We express no opinion with regard to whether Walters’ conduct qualifies as gross negligence, as the circuit court never addressed that question.

Township of Grayling v. Alan Berry

Michigan Court of Appeals · Jul 23, 2019

The residents do not cite any authority in support of their argument that the test applied for purposes of governmental immunity is applicable for purposes of MCR 324.30111b. … MCL 324.30111b(3) clearly gives a local unit of government, which includes townships, MCL 324.30111b(6), authority to prohibit a use of a public road end if that use violates MCL 324.30111b.

People v. Kirkpatrick

161 Mich. App. 14 · Michigan Court of Appeals · Jun 16, 1987

Such statements, however, might be admissible under the excited utterance exception if the proper foundation is established. Id. at 379 . … Kreiner, however, does not require that the age of a declarant be ignored when determining whether a statement qualifies as an "excited utterance.”

People of Michigan v. Edwin Maurice Jenkins

Michigan Court of Appeals · Mar 13, 2026

But when a lay witness provides opinion testimony based on his or her personal experience and knowledge and the witness could have been qualified as an expert, error in failing to qualify that witness as an expert may be … Surujdeo’s testimony “overrode the jurors’ common sense,” the trial court clearly instructed the jury that it was permitted to ignore or accept the testimony of any witness.

St Bernard v. Detroit Automobile Inter-Insurance Exchange

134 Mich. App. 178 · Michigan Court of Appeals · Apr 30, 1984

On January 4, 1979, defendant denied the claim on the ground that the Stoner vehicle did not qualify as an uninsured motor vehicle. By demand dated April 29, 1980, the St. … The Gavin Court said, quoting Howe v Patrons’ Mutual Fire Ins Co of Michigan, 216 Mich 560, 570 ; 185 NW 864 (1921): " '[WJhere it clearly appears on the face of the award or the reasons for the decision as stated, being

in Re P Ledesma Minor

Michigan Court of Appeals · Feb 13, 2020

“A finding is clearly erroneous if, although there is evidence to support it, this Court is left with a definite and firm conviction that a mistake has been made.” … It is well established that a respondent’s substance abuse and addiction may create a reasonable likelihood of harm to the minor child. In re Beers, 325 Mich App at 683.

E. E. Tripp Excavating Contractor, Inc. v. Jackson County

60 Mich. App. 221 · Michigan Court of Appeals · Apr 8, 1975

Some time after April 3rd and befóte May 4th, three attempts were made to agree on qualified arbitrators. … The department was established by and responsible to the board of commissioners. MCLA 123.732; MSA 5.570(2).

Molter v. Department of Treasury

193 Mich. App. 421 · Michigan Court of Appeals · Apr 6, 1992

In 1976, plaintiff entered into a deferred compensation plan established pursuant to 26 USC 457 (hereinafter the 457 plan) that was offered by the Civil Service Commission. … This argument is without merit because the record clearly indicates that this interest accrued while plaintiff was a resident of Michigan.

Meredith Summer v. Southfield Board of Education

324 Mich. App. 81 · Michigan Court of Appeals · May 1, 2018

(b) Establishes clear approaches to measuring student growth and provides teachers and school administrators with relevant data on student growth. … This letter does not conclusively establish that plaintiff was aware of certain performance issues and had ample time to correct them.

People of Michigan v. Paine Alexander Richardson

Michigan Court of Appeals · Feb 18, 2026

Even if we were to assume defendant established good cause for substitution, the judicial process would have been unreasonably disrupted if the trial court granted defendant’s request. … For these reasons, the trial court did not clearly err by sentencing defendant to a term of incarceration in jail rather than an intermediate sanction. D.

People v. Werner

254 Mich. App. 528 · Michigan Court of Appeals · Mar 7, 2003

The choice was unnecessary because the facts of all three cases established the requisite malice for second-degree murder under either standard. Goecke, supra at 465 . … Accordingly, an advanced state of voluntary intoxication is not sufficient to qualify as the sort of “unusual case” that requires a subjective determination of awareness under Goecke .

In Re Consumers Energy Co.

756 N.W.2d 253 · Michigan Court of Appeals · May 27, 2008

Further, we noted that Detroit Edison and CECo were the only utilities with enough customers to qualify to contribute securitization savings to the LIEEF and concluded that this supported the PSC's determination that LIEEF … Clearly, this statutory language does not restrict the intended beneficiaries of the LIEEF solely to electric ratepayers.

People v. Waterstone

296 Mich. App. 121 · Michigan Court of Appeals · Apr 10, 2012

This clearly contradicts earlier testimony he gave about the Cl which he had met. … Plants indicated: With regard to Chad Povish’s testimony, he was asked whether he had been offered any sort of deals or immunity. He said no.

Paula Day v. Smart

Michigan Court of Appeals · Oct 13, 2022

tests the factual sufficiency of the complaint, this Court considers all evidence submitted by the parties in the light most favorable to the non-moving party and grants summary disposition only where the evidence fails to establish … Nevertheless, the evidence clearly shows a question of fact whether plaintiff’s injuries “resulted from” Martin’s negligence. Affirmed.

Chabut v. Chabut

66 Mich. App. 440 · Michigan Court of Appeals · Jan 6, 1976

Troxel was a well-qualified expert on the value of property in the Flint area. The trial judge so ruled and such ruling was a proper exercise of his discretion. … Alfred Taylor, was properly qualified to testify as to the value of property, such as the subject land and building. The trial court so ruled. Mr.

People v. Evans

94 Mich. App. 4 · Michigan Court of Appeals · Nov 21, 1979

The offense occurred in a public building, and was committed by a person who clearly qualifies as a habitual offender. … This writer cannot in good conscience tolerate the abuse of legal process demonstrated by the prosecutor at bar. *12 The Legislature has set forth crimes and penalties establishing guidelines for law enforcement agencies

King v. Reed

278 Mich. App. 504 · Michigan Court of Appeals · Apr 8, 2008

The Grossman Court was considering the requirement that the plaintiffs attorney must “reasonably believe” that the affiant would be qualified under MCL 600.2169. … Given that there was no evidence that established that plaintiff discovered evidence of any negligence on Reed’s part for his role in King’s intraoperative or postoperative care before the commencement of discovery, plaintiffs

In Re Guardianship of Ammb

Michigan Court of Appeals · Aug 22, 2024

Bomba also cites In re Guardianship of Redd, 321 Mich App 398, 407-408; 909 NW2d 289 (2017), which suggests “that particularly relevant evidence would include (1) evidence on whether the guardian was still qualified and able … Bomba pushes a strained argument that this was not harmless because the records would establish that Bazakis was ordered to attend therapy, and this evidence would establish that Bazakis has anger problems.