Case law

People of Michigan v. Kevin Robert Smith

Michigan Court of Appeals · Aug 14, 2018

However, it is clear that had the prosecutor sought such qualification, Harrison would have been qualified. … Guertin should not have been qualified as an expert. However, defense counsel explicitly stated that he had “[n]o objection” to Dr. Guertin’s being qualified as “an expert in the field of sexual abuse against children.”

People of Michigan v. Mark Allen Porter

Michigan Court of Appeals · Feb 1, 2024

The opinion further provided that, “Witnesses testified that Dorothy’s Wendel’s bedroom, where the physical assault of Dorothy clearly occurred, was strewn with a large amount of blood. … The plain language of MCL 770.16(3) does not specify the precise type of biological material sufficient to qualify for postconviction inspection or testing; rather, the statute mandates that a form of biological material

Brian Dean Do v. St Mary's of Michigan

Michigan Court of Appeals · Jan 23, 2020

could establish the claim and justify recovery.” … Instead, the court decided that defendant was exercising a well-established employer’s privilege in issuing the relevant communications.

He Zhang v. Xi Li

Michigan Court of Appeals · Jun 11, 2019

A trial court’s findings regarding the existence of an established custodial environment and regarding each custody factor should be affirmed unless the evidence clearly preponderates in the opposite … Indeed, these speech issues were severe enough to qualify the young child for special-education courses.

City of Detroit v. Nationwide Recovery Inc

Michigan Court of Appeals · Mar 18, 2021

They are clearly interfering with the investigations of car thefts in the City of Detroit. … Defendants do not argue that the trial court clearly erred by so finding.

People of Michigan v. Kevin Robert Smith

Michigan Court of Appeals · Aug 14, 2018

However, it is clear that had the prosecutor sought such qualification, Harrison would have been qualified. … Guertin should not have been qualified as an expert. However, defense counsel explicitly stated that he had “[n]o objection” to Dr. Guertin’s being qualified as “an expert in the field of sexual abuse against children.”

20250121_C365990_91_365990.Opn.Pdf

Michigan Court of Appeals · Jan 21, 2025

The trial court’s finding that defendant had shot Berrien on Lappin Street was not clearly erroneous. Robinson, 475 Mich at 5. … As a result, the trial court did not clearly err in so finding. Id.

Trailer X-Press Inc v. Lwj Trucking LLC

Michigan Court of Appeals · May 1, 2026

“A finding is clearly erroneous where, after reviewing the entire record, this Court is left with a definite and firm conviction that a mistake has been made. … In a tort action against an insurance agency for negligent failure to procure insurance coverage, a “plaintiff’s admitted failure to read the policy could qualify as comparative negligence . . . .”

People of Michigan v. Ramon Catrell Logan II

Michigan Court of Appeals · Jan 14, 2021

Plaintiff also relied on MCL 767A.8, which states: Petitions for immunity, orders of immunity, transcripts of testimony delivered to witnesses pursuant to grants of immunity, and records, documents, and physical … Concerning disclosure under the deliberate process privilege, this Court noted that “[b]ecause the privilege is qualified rather than absolute, it can be overcome by a sufficient showing of need.” Id. at 136.

20241122_C371299_39_371299.Opn.Pdf

Michigan Court of Appeals · Nov 22, 2024

Instead, Article VI, § B of the bylaws provided only that, upon receiving a qualifying request, the chairperson “shall call a special meeting of the Committee.” … In any event, Article V, § I establishes the duties for the secretary; it does not establish the rule for providing notice for meetings by someone other than the secretary.

Nancy Mobley v. Usaa Casualty Insurance Company

Michigan Court of Appeals · Mar 3, 2020

On the basis of the definitions of the terms, the phrase “resides primarily” clearly means to live permanently or continuously for the most part in a place. … The record establishes that plaintiff had resided at 7276 Lozier Avenue, in Warren, Michigan, for the past 18 years.

People of Michigan v. Deon Jefferson Johnson

Michigan Court of Appeals · Oct 22, 2015

been qualified as an expert. … However, parts of the nurse’s testimony veered into expert opinion and were clearly not within the scope of MRE 701.

Dr Michael Wiemann Md v. Cavitt Randall

Michigan Court of Appeals · Oct 14, 2014

-6-  In this case, the restrictive covenants are clearly part of a general plan. … They maintain that Wiemann’s dock qualifies as a nuisance per se because it was erected without a state permit.

Sharon Rose Zlatkin v. William Roggow

Michigan Court of Appeals · Mar 19, 2020

Maveal moved for summary disposition pursuant to MCR 2.116(C)(7) (governmental immunity), (C)(8) (failure to state a claim), and (C)(10) (no genuine issue of material fact). … The existence of a disputed fact must be established by substantively admissible evidence, although the evidence need not be in admissible form.

In re Parole of Elias

294 Mich. App. 507 · Michigan Court of Appeals · Nov 1, 2011

Notwithstanding, the Legislature has clearly imposed certain statutory restrictions on the Board’s exercise of its *522 discretion. … And if those substantial and compelling reasons also qualify as “objective and verifiable,” a reviewing court would be more apt to affirm the Board’s decision.

Peter Bormuth v. City of Jackson

Michigan Court of Appeals · Jun 23, 2022

See McClements v Ford Motor Co, 473 Mich 373, 386; 702 NW2d 166 (2005), amended 474 Mich 1201 (2005) (noting that MCL 37.2202(1)(a) “clearly envision[s] claims by nonemployees for the failure or refusal to hire”). … Accordingly, neither the statements in the e-mail nor any other actions relied on by Bormuth qualify as direct evidence of unlawful discrimination.

Citizens United Against Corrupt Government v. Troy City Council

Michigan Court of Appeals · Dec 4, 2014

DECLARATORY JUDGMENT The majority compounds its previously described errors by holding that CUACG failed to establish an “actual controversy” under MCR 2.605. … Although I agree that CUACG’s suit must fail, I cannot agree that the issues presented qualify as either “hypothetical” or “moot.”

Scott J Chakmak v. Suzanne Koss

Michigan Court of Appeals · Jan 12, 2023

See Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999). … Initially, in an action to quiet title the burden is on the plaintiff to establish a prima facie case of title; if the plaintiff establishes his or her prima facie case, the burden shifts to the defendant to prove a superior

Shelby Baumgartner v. Perry Public Schools

Michigan Court of Appeals · Mar 12, 2015

The answer to both questions is clearly “yes.” III. ANALYSIS A. … teacher on continuing tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the first vacancy in the school district for which the teacher is certified and qualified

In Re T v. McMillan Minor

Michigan Court of Appeals · Apr 11, 2025

We conclude that respondent has failed to establish plain error. … However, MCL 712B.17 and MCR 3.967(D) require that a qualified expert witness from, or with sufficient knowledge of, the child’s tribe testify at the removal hearing.