Case law

Gina Mandujano v. Anastasio Guerra

Michigan Court of Appeals · Apr 3, 2018

Plaintiff alleged in her complaint that her injuries qualify as serious impairment of body function and/or permanent serious disfigurement. … But despite there being no case law examples of mutual bailments arising in noncommercial settings, the concept of a bailment and the standard for the creation of a bailment is clearly defined in Michigan case law.

People v. Gwinn

111 Mich. App. 223 · Michigan Court of Appeals · Nov 16, 1981

Her crying after viewing this photograph does not qualify as a "statement” under MRE 801(a), as the crying was not intended as an assertion. Evidence of the crying therefore was not hearsay and could be admitted. … two victims of unrelated crimes, the substance of this testimony was before the jury in the form of the police officer’s testimony. *248 On appeal, this Court should not disturb the trial court’s decision unless it was clearly

People of Michigan v. Nathaniel Gabriel Brock

Michigan Court of Appeals · May 18, 2023

“Jury instructions must clearly present the case and the applicable law to the jury.” People v 1 The prosecution dismissed a charge of a domestic violence charge arising from that blow before trial. … An “offender’s bare hands” do not qualify as a weapon. People v Hutcheson, 308 Mich App 10, 15; 965 NW2d 44 (2014). At trial, Richter testified that he believed Brock used brass knuckles during the assault.

People of Michigan v. Willie C Bassett Jr

Michigan Court of Appeals · Nov 20, 2014

Even when somewhat imperfect, jury instructions do not qualify as erroneous provided that they fairly present to the jury the issues to be tried and sufficiently protect the defendant’s rights. … Sarniak could not identify a precise time when BB’s injuries occurred, he opined that in light of the rapid progression in her symptoms from difficulty breathing to “very clearly manifested . . . severe brain injury,” the

Terlecki v. Stewart

278 Mich. App. 644 · Michigan Court of Appeals · Apr 22, 2008

Although plaintiffs do not clearly allege it, we view the essence of plaintiffs’ complaint for equitable relief as one to enforce a flowage easement over defendants’ property. 9 The trial court applied the 15-year limitations … An owner of an easement cannot displace the possessor or the owner of the land, but he or she has a qualified right to possession so far as may be necessary for its enjoyment. Id. at 378 n 39.

Anne Fitzgerald Haan v. Gerald Arthur Haan

Michigan Court of Appeals · Oct 7, 2024

STANDARDS OF REVIEW “In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property … The business clearly prospered during the marriage.

Rachel Amy Maurer v. Fremont Insurance Company

Michigan Court of Appeals · Sep 18, 2018

It is well settled that fraud “is not to be lightly presumed, but must be clearly proved . . . by clear, satisfactory and convincing evidence,” and that “trial courts should ensure that these standards are clearly satisfied … Maurer does not qualify as an owner of the vehicle.

Charles P Harris v. Fidelity National Title Insurance Company

Michigan Court of Appeals · Feb 27, 2020

Accordingly, plaintiffs are correct that the storm and sewer pipes on their property qualify as encumbrances, as does the platted easement itself. … The City would not be governmentally immune from liability for failing to comply with its duties under the Liber easements because governmental immunity does not extend to breach-of-contract claims, “even when the contract

People of Michigan v. Sandra June Green

Michigan Court of Appeals · Apr 9, 2015

People v Houze, 425 Mich 82, 93; 387 NW2d 807 (1986); see also United States v Jones, 565 US ___, ___ n 5; 132 S Ct 945, 950-951; 181 L Ed 2d 911 (2012) (explaining that a “[t]respass alone does not qualify [as an unreasonable … As clearly established in Dunn, people do not enjoy a reasonable expectation of privacy in areas outside the curtilage, which is the “area around the home to which the activity of home life extends.”

People of Michigan v. Gary Edward Haynes

Michigan Court of Appeals · Aug 12, 2021

He contends that the record did not establish that he engaged in any preoffense conduct that qualified as predatory conduct, and suggests that the only evidence to support that finding was the evidence that he held investment … The trial court did not clearly err when it found that defendant engaged in predatory conduct. Consequently, it did not err when it assessed 15 points under OV 10.

Kathleen Micheli v. Michigan Automobile Ins Placement Facility

Michigan Court of Appeals · Feb 10, 2022

In contrast, the plain language of MCR 2.302(B)(1) clearly obligates the trial court to balance the burden of the proposed discovery against the value of the proposed discovery. … Kneiser was qualified to conduct a mental or physical examination under MCL 500.3151.

People of Michigan v. Norman Brown

Michigan Court of Appeals · Jul 11, 2017

To find a defendant guilty, “the evidence must establish that that accused departed from a location while equipped with a qualifying weapon in his possession and, at the time of departing, had the intent to use the weapon … This is sufficient to sustain a conviction of carrying a weapon with unlawful intent, which requires the prosecution establish that defendant “departed from a location while equipped with a qualifying weapon in his possession

in Re hines/neal Minors

Michigan Court of Appeals · Aug 16, 2016

DeGraw, who was qualified as an expert medical doctor with a pediatrics specialty and a focus in child abuse, was sufficient to establish that RJN’s injuries were the result of abuse. Dr. … The evidence in this case clearly shows that A.

Gina Mandujano v. Anastasio Guerra

Michigan Court of Appeals · Apr 3, 2018

Plaintiff alleged in her complaint that her injuries qualify as serious impairment of body function and/or permanent serious disfigurement. … But despite there being no case law examples of mutual bailments arising in noncommercial settings, the concept of a bailment and the standard for the creation of a bailment is clearly defined in Michigan case law.

People of Michigan v. Kevin Lyall Tower

Michigan Court of Appeals · Aug 13, 2020

, 373 US 83; 83 S Ct 1194; 10 L Ed 2d 215 (1963), by failing to disclose the nature of any plea or immunity agreement reached with Cochran before defendant’s trial. … “To establish -6-  Nor did the trial court clearly by finding that Cochran’s claim regarding the knife would not likely result in a different outcome on retrial.

In Re Bullard Minors

Michigan Court of Appeals · Mar 23, 2023

On appeal, respondent contends that the evidence was not sufficient to establish jurisdiction or support a finding of clear and convincing evidence on the statutory grounds for termination. … The mother agreed that it was not safe for her children to be around respondent “with this kind of behavior,” and then qualified her statement that she thought the children would be safe with respondent by adding, “if he

20241219_C366825_33_366825.Opn.Pdf

Michigan Court of Appeals · Dec 19, 2024

To do so, we begin by “examining the plain language of the statute; where the language is unambiguous, we presume that the Legislature intended the meaning clearly expressed . . . .” … The statute does not in any way qualify the term “the charge for which the sample was obtained” or the term “dismissed.”

People of Michigan v. Gary Edward Haynes

Michigan Court of Appeals · Aug 12, 2021

He contends that the record did not establish that he engaged in any preoffense conduct that qualified as predatory conduct, and suggests that the only evidence to support that finding was the evidence that he held investment … The trial court did not clearly err when it found that defendant engaged in predatory conduct. Consequently, it did not err when it assessed 15 points under OV 10.

Bob-Lo Co. v. Department of Treasury

112 Mich. App. 231 · Michigan Court of Appeals · Jan 6, 1982

"The record indicates there are no established means of access from the Canadian shore to the island. There is no evidence of even surreptitious entry from the Canadian mainland. … Its relevant language, emphasized below, would not qualify a vessel for exemption unless it traveled from Michigan to another state.

In Re millard/birmingham Minors

Michigan Court of Appeals · Apr 15, 2026

respondent (1) submit to a psychiatric assessment; (2) consider taking medication to address her “significant anxiety”; and (3) continue 3 DHHS does not dispute whether respondent’s mental health issues and seizure disorder qualify … Despite having more than two years to benefit from services, respondent only had supervised parenting time with the children for two hours each week at the time of termination—they were not safe in respondent’s care unless a qualified