Case law

Jack a Clark v. Eunice M Pohl

Michigan Court of Appeals · Oct 15, 2025

Thus, in an adverse possession case, for a party to establish possession by clear and cogent evidence, the evidence must clearly establish the fact of possession and there must be little doubt left in the mind … The “use of another’s property qualifies as adverse when made under a claim of right when no right exists.” Id. (quotation marks, citation, and alteration omitted).

Carl Peterson v. City of River Rouge

Michigan Court of Appeals · May 11, 2017

Clearly, the retirement handbook does not control because it expressly states that the Charter and the CBA “control and govern the rights and benefits under the Retirement System.” … The actuarial statement does not establish a contractual obligation.

D Chad Morrow v. Secretary of State

Michigan Court of Appeals · Dec 1, 2022

] -2- These are well-established appellate review standards, see Bureau of Health Professions v Serven, 303 Mich App 305, 308; 842 NW2d 561 (2013), and ultimately, when … MCL 333.26424(a) provides, in part: A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied

Eric L Vandussen v. Attorney General

Michigan Court of Appeals · Jan 13, 2026

alleging that defendant had improperly redacted the trial exhibits it had produced, because the exhibits had been introduced in unredacted form during trial; plaintiff also asserted that some of the redacted material did not qualify … Consequently, apart from social media information, it is well established in Michigan law that the redacted information was of a personal nature that would reveal little to nothing about government conduct and would not further

People of Michigan v. William Michael Badger Jr

Michigan Court of Appeals · Jun 17, 2026

In doing so, he failed to stop at a clearly posted stop sign and then deliberately drove in excess of the speed limit on a gravel road. … Clearly, then, defense counsel was the first to argue in closing that defendant refused to submit to a blood draw.

Attorney General v. Powerpick Player's Club of Michigan, LLC

287 Mich. App. 13 · Michigan Court of Appeals · Jan 5, 2010

But PowerPick is clearly confused about what constitutes a factual dispute and about the proper role of a jury. … However, the Peterson Court qualified its holding by noting that "[h]arm to the public is presumed to flow from the violation of a valid statute enacted to preserve public health, safety and welfare."

People of Michigan v. Jay a Yensen

Michigan Court of Appeals · Mar 25, 2021

In short, in Meeboer, the fact that the examinations were for the purpose of medical treatment was established, whereas here, the examination was not for the purpose of medical treatment. … -8- Thus, their testimony does not qualify as plain error.

in Re adair/neal Minors

Michigan Court of Appeals · Dec 28, 2017

A decision qualifies as clearly erroneous when, “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” … The evidence also clearly established that there was no reasonable likelihood that respondents would improve their parenting skills within a reasonable time.

People of Michigan v. Keith Williams

Michigan Court of Appeals · May 13, 2026

Defendant presumes that there is no question whether assault and battery qualifies as a lesser included offense of AWIGBH because he offers no argument relating to this issue. … clearly expressed its intent, multiple offenses may be punished if each offense has an element that the other does not.

People of Michigan v. Jon Scott Stygler

Michigan Court of Appeals · Oct 8, 2024

The determination of whether a substance qualifies as a harmful chemical substance or a chemical irritant under OV 1 is distinct from whether the substance qualifies as a “dangerous weapon” under the armed robbery statute … is here, but it’s not – not only that it’s clearly here, it’s who did it.

James McEwen v. John Guthrie

Michigan Court of Appeals · May 23, 2017

Plaintiffs assert that the trial court clearly erred in concluding that defendants established a prescriptive easement because the testimony showed “that the docks were installed pursuant to an agreement” which demonstrated … Defendants have clearly established the elements necessary to support the creation of a prescriptive easement.

Earl D Booth v. Department of Corrections

Michigan Court of Appeals · Jul 31, 2018

However, the contractual language on which plaintiff relies is clearly predicated on the understanding that an individual employee can file a grievance. … Clearly, MCR 2.116(C)(4) is inapplicable to this issue.

Earl D Booth v. Department of Corrections

Michigan Court of Appeals · Jul 31, 2018

However, the contractual language on which plaintiff relies is clearly predicated on the understanding that an individual employee can file a grievance. … Clearly, MCR 2.116(C)(4) is inapplicable to this issue.

People v. Doss

78 Mich. App. 541 · Michigan Court of Appeals · Sep 21, 1977

This Court has clearly set forth the standard to be used by an examining magistrate in determining if a crime has been committed. … to quash Judge Ravitz's "bind-over" of defendant. [3] Finally, I would note that equal justice under law, the cornerstone of our jurisprudential system, is not advanced by granting law enforcement officers a privileged immunity

in Re adair/neal Minors

Michigan Court of Appeals · Dec 28, 2017

A decision qualifies as clearly erroneous when, “although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” … The evidence also clearly established that there was no reasonable likelihood that respondents would improve their parenting skills within a reasonable time.

Michael G Bsharah v. Wayne County Clerk

Michigan Court of Appeals · Jun 6, 2018

Plaintiff presented evidence allegedly establishing the falsity of Santana’s affidavit of identification to defendant Wayne County Clerk Cathy Garrett. … When a statute’s language is unambiguous, the Legislature must have intended the meaning clearly expressed, and the statute must be enforced as written.

People of Michigan v. Gregory S Ihander

Michigan Court of Appeals · Sep 17, 2020

Therefore, the trial court did not clearly err by finding that defendant’s conviction of disorderly conduct—domestic related, qualified as an offense against a person. … Further, record evidence established that the victim suffered several defensive wounds. On her left hand, four of her fingers appear almost severed.

Amy M Bloom v. Eric a Ogilvie

Michigan Court of Appeals · Sep 7, 2023

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 … Defendant has obtained some therapy since the children’s therapist made these statements, but his own counselors qualified their testimony because of their failure to have interacted with the children.

Ile v. Foremost Insurance

293 Mich. App. 309 · Michigan Court of Appeals · Jul 14, 2011

insured selects limits of liability for coverage under the Policy which are the same as the minimum permissible liability limits under Michigan law, i.e., $20,000/$40,000, no other vehicle registered in Michigan could ever qualify … As noted within the very case relied on by the institute, “[a] party may avoid enforcement of a[] ... contract only by establishing one of the traditional contract defenses .. . ,” 58 This distinction recognizes the lines

People of Michigan v. Thomas Paul Sudz

Michigan Court of Appeals · Mar 23, 2023

First, the defendant must establish that counsel’s performance was deficient. … The defense was clearly well versed in the details of Dr.