Case law

People of Michigan v. Damien Banks

Michigan Court of Appeals · Jun 13, 2025

However, medical testimony is not required to establish that an injury is life-threatening. People v McCuller, 479 Mich 672, 697 n 19; 739 NW2d 563 (2007). … Second, it is of no import that Bohen expected to meet defendant in the parking lot and could “clearly see” defendant before the attack.

People of Michigan v. Edward Khalil

Michigan Court of Appeals · May 10, 2016

Destruction of potentially valuable evidence qualifies as interference with the administration of justice. … Defendant argues, however, that the evidence was insufficient to establish that he actually took or destroyed the equipment.

Rudolf Marcel Smaling v. Laura Cordelia Smaling

Michigan Court of Appeals · Feb 26, 2015

Friend v Friend, 486 Mich 1035, 1035; 783 NW2d 122 (2010) (upholding a spousal support award designed to provide “gradually decreasing rehabilitative payments to allow [the recipient] to assimilate into the workforce and establish … And, between the ordered child support, her limited earnings, and the ordered spousal support, her household income would remain at approximately its present level, until such time as she presumably qualifies for, and obtains

Henderson v. Department of Treasury

307 Mich. App. 1 · Michigan Court of Appeals · Sep 25, 2014

Respondent avers, and the MTT agreed, that the officer liability is clearly for taxes due. … There are “requirements that must be met in order for an obligation to the government to qualify for priority as a tax under federal bankruptcy law.” Nat’l Steel, 321 BR at 907 .

In Re Campbell Minors

Michigan Court of Appeals · Sep 14, 2023

statutory grounds were established by clear and convincing evidence. … The children 2 Neither child was fully immunized and neither had attended any doctor’s appointments after they were born. At removal, the children were 2 (IC) and 5 (AC) years old.

20250113_C364570_71_364570.Opn.Pdf

Michigan Court of Appeals · Jan 13, 2025

Sukovich’s testimony qualifies as lay opinion testimony. … The qualifying “listed prior felonies” are contained in MCL 769.12(6)(a).

People of Michigan v. Michael Leroy Lewis Jr

Michigan Court of Appeals · Feb 28, 2017

Defendant was an employee of an establishment through which patrons could purchase marijuana to treat their ostensible medical ailments. … In 2011, undercover police officers visited this establishment to purchase marijuana.

People of Michigan v. Michael Leroy Lewis Jr

Michigan Court of Appeals · Feb 28, 2017

Defendant was an employee of an establishment through which patrons could purchase marijuana to treat their ostensible medical ailments. … In 2011, undercover police officers visited this establishment to purchase marijuana.

People of Michigan v. Ralph Harvey Cottenham

Michigan Court of Appeals · May 15, 2018

Sweet was granted immunity from prosecution, and defendant was charged with open murder. … When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility. MCL 330.2026(1).

People of Michigan v. Eric Rural Hanna

Michigan Court of Appeals · Nov 19, 2015

A police officer may be qualified as an expert witness based on his or her experience or training in sexual abuse cases, Petri, 279 Mich App at 416-417, and the record shows that the detective would have qualified given his … Instead, the record clearly indicates that the peremptory and for cause challenges raised by the defense were intelligently made based on the juror questionnaires.

Yvonne Corbat v. Midland Cnty Agricultural & Horticultural Society

Michigan Court of Appeals · Jul 19, 2018

To qualify for and be admitted to membership in this corporation, a candidate must support the purposes of this corporation as set forth in these Bylaws. . . . … This is not enough to establish illegal, fraudulent, or willful unfair and oppressive conduct.

People of Michigan v. Michael Anthony Thigpen

Michigan Court of Appeals · Dec 28, 2023

A trial court’s finding of fact is clearly erroneous when, although there is evidence to support it, we, on the whole record, are left with a definite and firm conviction that a mistake was made. … Thus, defendant has not established reversible error arising from the fact that he did not testify in his own defense at trial.

in Re Merriman Minors

Michigan Court of Appeals · Jan 3, 2019

STATUTORY GROUNDS FOR TERMINATION Because respondent does not challenge the trial court’s determination that statutory grounds for termination were established, we may assume that the trial court did not clearly … The primary factual predicate for MCL 712A.19b(3)(n)(i), conviction of an enumerated crime, was clearly established by respondent’s guilty plea to second-degree murder.

in Re Miller Minors

Michigan Court of Appeals · Mar 3, 2015

Mayle also had been previously qualified before the trial court as an expert in child counseling, trauma assessment, and trauma counseling and had also been qualified as an expert in another family court. … Accordingly, on the record, the factual elements of MCL 712A.19b(3)(g) and (j) were met and the trial court did not clearly err in finding by clear and convincing evidence those two grounds for termination of respondent’s

People of Michigan v. Douglas Vero Sedenquist

Michigan Court of Appeals · Jun 16, 2016

Regarding the extortion charge, defendant claims that the prosecutor did not establish that defendant acted with the malice that is required by MCL 750.213. … The threats were clearly designed to force LaBute to abandon legal rights granted her by the JOD. Harris, 495 Mich at 136.

People of Michigan v. Ralph Harvey Cottenham

Michigan Court of Appeals · May 15, 2018

Sweet was granted immunity from prosecution, and defendant was charged with open murder. … When the issue arises, the court must order the defendant’s examination by the [Center for Forensic Psychiatry] or other qualified facility. MCL 330.2026(1).

in Re John D Dospoy Revocable Living Trust

Michigan Court of Appeals · Jul 14, 2015

Rather, MCL 700.7814 establishes certain duties of a trustee, a breach of which may provide a trust beneficiary with a cause of action against the trustee. … Rather, section 3.02 merely establishes, among other things, when Mark, Douglas, and Aaron’s right to purchase the trust real estate begins and ends.

Ann Arbor Police Officers Association v. City of Ann Arbor

Michigan Court of Appeals · Jan 19, 2023

A motion under MCR 2.116(C)(8) may be granted only where the claims alleged are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery. … * * * (4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal

Laura E Zalewski v. Terry M Zalewski

Michigan Court of Appeals · Jan 15, 2019

two children qualified for support (on the premise that both children would be residing with plaintiff), and $691 when one child qualified (on the premise that that child would be residing with plaintiff). … A finding is against the great weight of the evidence if the evidence clearly preponderates in the opposite direction. Corporan, 282 Mich App at 605.

People of Michigan v. Todd Randolph Van Doorne

Michigan Court of Appeals · Dec 8, 2015

What King establishes is that it is not a Fourth Amendment search to approach the home in order to speak with the occupant, because all are invited to do that. … And unlike the circumstances in Lundin, the officers clearly had a legitimate reason to initiate a conversation with each individual.