Case law

Kaitlin Hahn v. Geico Indemnity Company

Michigan Court of Appeals · Feb 15, 2024

Nothing could more clearly defeat the intention of the Legislature. … Geico also does not dispute that plaintiff, as Waller’s spouse, qualifies as an insured under Waller’s policy.

People of Michigan v. Eldred Lee Brooks

Michigan Court of Appeals · Jan 28, 2021

“reliable foundation,” since jurors are just as qualified to evaluate the victim’s credibility. … Mallon “clearly vouched” for the credibility of JF, id. at 263. -7-  3.

People of Michigan v. Alison Bridget Parke

Michigan Court of Appeals · May 21, 2015

Monica Bugeja, a scientist in the toxicology unit of the Michigan State Police forensic science lab, was qualified as an expert in her field. … Accordingly, we consider whether a proper foundation was established.

Darby J O'Dell v. State of Michigan

Michigan Court of Appeals · Feb 1, 2018

The first step is the establishment of a prima facie case. … Nor could they have credibly done so, as it is plain that she established a prima facie case.

Darby J O'Dell v. State of Michigan

Michigan Court of Appeals · Feb 1, 2018

The first step is the establishment of a prima facie case. … Nor could they have credibly done so, as it is plain that she established a prima facie case.

People of Michigan v. Daniel James Brown

Michigan Court of Appeals · Apr 27, 2023

A reimbursing insurer qualifies as a victim for purposes of restitution. … Auto-Owners qualifies as a victim as a reimbursing insurer.

People v. Coy

258 Mich. App. 1 · Michigan Court of Appeals · Oct 7, 2003

The trial court concluded that the admissibility of dna evidence and statistical evidence concerning dna has been established throughout Michigan and the courts in this country. … First, the expert must be qualified. Second, the evidence must provide the trier of fact a better understanding of the evidence or assist in determining a fact in issue.

20241213_C371623_54_371623.Opn.Pdf

Michigan Court of Appeals · Dec 13, 2024

impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” “ ‘A judge or jury shall not find that an individual is a person requiring treatment unless that fact has been established … Given respondent’s belief that he did not have a mental illness and apparent belief that he was, in fact, immune to any debilitating effects of stress, the trial court did not clearly err by finding that respondent posed

Brandon Bunkelman v. Dept of Licensing and Regulatory Affairs

Michigan Court of Appeals · Jun 5, 2026

In Judge Hatty’s view, the statute and record evidence entitled Bunkelman to an elevator journeyman’s license limited to supervisory and clerical tasks due to Bunkelman’s “work history that clearly fits within the statutory … -7-  In its final decision and order, LARA affirmed the BCC’s denial of Bunkelman’s elevator- journeyman-license application because Bunkelman “failed to establish

In Re Michael Eyde Trust

Michigan Court of Appeals · Jan 27, 2022

Trustee accepts the trust established by this Agreement under Michigan law. … He has established no outcome-determinative plain error, see People v Carines, 460 Mich 750, 763; 597 NW2d 130 (1999), in connection with this issue because it has been clearly expressed that “the . . . beneficiaries” want

People of Michigan v. Robert Michael Freebold

Michigan Court of Appeals · Jan 13, 2025

or facility used by the qualified personnel for the examination, and the sheriff shall return the defendant to the jail upon completion of the examination … defendant had chosen to walk out, regardless of whether he had been told that it was the correct type of examination, and on appeal defendant does not explain how this would render the court’s finding that he did not cooperate clearly

People of Michigan v. Kiron Len Curry

Michigan Court of Appeals · Jul 18, 2024

The prosecutor stated that he would give Curry’s cousin transactional immunity for anything “drug related that she testifies to” and then asked her again if she or Curry sold drugs in 2019. … That finding was not clearly erroneous. Curry, therefore, has failed to establish that, but for his secondary lawyer’s allegedly deficient performance, he would have accepted the plea offer.

Attorney General Ex Rel. Director of Natural Resources v. Hallden

51 Mich. App. 176 · Michigan Court of Appeals · Jan 15, 1974

Navigable waters in this state are divided into two classifications: strictly navigable and floatable (the latter sometimes termed navigable in a limited or qualified sense). 3 Strictly navigable waters are those capable … Accordingly, the public’s right to fish in the river had not been established.

Joseph Ayotte v. Department of Health and Human Services

326 Mich. App. 483 · Michigan Court of Appeals · Nov 27, 2018

), the ALJ found that “while the finding of contrary to the welfare was made in the Order After Preliminary Hearing [in the child-protection matter], the order was not a removal order as the child was already removed as clearly … Given the history of the proposed regulation, the ACF’s response in 65 Fed Reg 4055 on which defendant relies should not be read as a blanket statement that any and all orders that remove a child from his or her home qualify

In Re RFF

242 Mich. App. 188 · Michigan Court of Appeals · Oct 18, 2000

This language does not clearly address the situation presented in this case. At best, the language may be susceptible to multiple meanings. … [T]he court, therefore, finds that we can't make the leap that he's a Section 2 father because there was no support, and for whatever reason, I don't believe he qualifies under Section 2.

People of Michigan v. Kenneth McDonald

Michigan Court of Appeals · Feb 17, 2026

He was qualified as an expert in cell phone extraction and analysis. Detective Johnson explained that his main interest in McDonald’s phone was location data and “communication data from about the time of the incident.” … * * * In our modern age, when cell phones carry a virtually unlimited amount of private information, such wide-ranging exploratory rummaging is constitutionally intolerable and clearly

Commissioner of Banking v. Berry

27 Mich. App. 271 · Michigan Court of Appeals · Oct 8, 1970

These findings establish the following: Public Bank was a state bank chartered under Michigan Financial Institutions Act. … This language clearly encompasses an order to sell ex parte. Dugger v. Cox (1938), 110 F2d 834.

Midland Township v. State Boundary Commission

64 Mich. App. 700 · Michigan Court of Appeals · Oct 13, 1975

Act 219 clearly assigned additional functions, duties and procedures to the SBC. … of Commissioners is clearly exercising a legislative, rather than a judicial function.

David Moran v. City of Kalamazoo

Michigan Court of Appeals · Jan 19, 2016

Therefore, plaintiff failed to show that he was more qualified for the position of sergeant than were the minority candidates who were hired for the position, thus failing to establish a question of fact as to whether his … Furthermore, other handwritten notes clearly show that plaintiff performed poorly in the bomb-suit exercise.

O Bruce T Wood v. City of Detroit

Michigan Court of Appeals · Nov 3, 2022

In this opinion, we also noted that the City merely proffered additional evidence that did not establish a material change in the facts such that Robbins’s affidavit was no longer admissible. … We also heed the . . . astute observation that the doctrine does not apply if the court is convinced that its prior decision is clearly erroneous and would work a manifest injustice. 7 Rott v Rott