Case law

Michael H Bernardi v. Tonya Melynda Rock

Michigan Court of Appeals · Jun 18, 2020

Hnat was qualified by knowledge, skill, experience, training, or education in medicine. Given the absence of such evidence, plaintiff failed to carry the burden of establishing the admissibility 3 Dr. … Seidel’s testimony qualified as unreliable under MRE 702 because Dr.

D People of Michigan v. Timothy John Otto

Michigan Court of Appeals · Sep 14, 2023

“To establish ineffective assistance of counsel, a defendant must show (1) that trial counsel’s performance was objectively deficient, and (2) that the deficiencies prejudiced the defendant.” … A reviewing court must uphold a jury’s verdict unless the evidence so clearly preponderates against the defendant’s guilt that it would be a miscarriage of justice to allow the verdict to stand.

Township of Rose v. Devoted Friends Animal Society

Michigan Court of Appeals · Apr 21, 2022

However, we can find no published case in Michigan clearly exploring the distinction, if any. … Although defendants are correct to point out that reasonableness is usually a question of fact for the jury, “reasonableness” is not inherently immune to summary disposition upon a finding that there is no genuine question

in Re C Applewhiate Jr Minor

Michigan Court of Appeals · Jun 6, 2017

“To terminate parental rights, a trial court must find by clear and convincing evidence that at least one statutory ground under MCL 712A.19b(3) has been established.” … Accordingly, the trial court did not clearly err by concluding by a preponderance of the evidence that termination was in the child’s best interests.

20240111_C365379_49_365379.Opn.Pdf

Michigan Court of Appeals · Jan 11, 2024

WJ3 qualified for “Early On” services because of neurological problems and had some delays in speech and motor skills. … Clearly, adequate evidence of severe physical injuries and physical abuse existed as defined in MCL 712A.19b(3)(b).

Lindsey Dezman v. Charter Township of Bloomfield

Michigan Court of Appeals · Jun 1, 2023

It reasoned that under the commerce clause, plaintiffs’ self-consumption of eggs produced by their chickens qualified as a “farm activity” necessitating a variance. … “[T]he substantial evidence test is the same as the familiar ‘clearly erroneous’ standard.

Leonard Astemborski V Cheryl Manetta

Michigan Court of Appeals · Mar 17, 2022

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 2 Plaintiffs … Instead, the “[u]se of another’s property qualifies as adverse when made under a claim of right when no right exists.” Id.

Lindsey Dezman v. Charter Township of Bloomfield

Michigan Court of Appeals · Jun 1, 2023

It reasoned that under the commerce clause, plaintiffs’ self-consumption of eggs produced by their chickens qualified as a “farm activity” necessitating a variance. … “[T]he substantial evidence test is the same as the familiar ‘clearly erroneous’ standard.

Geoffrey Paine Dds v. Layne Godzina Dds

Michigan Court of Appeals · Jul 27, 2023

As to the third argument, it is true that including the word “both” in the arbitration clause would have more clearly established that arbitration is required for both “questions of fact arising under this Agreement” and … But by the same measure, including the word “or” in the arbitration clause instead of the word “and” would have more clearly established that arbitration is required for either one of the two specifically listed instances

Bercel Garages, Inc. v. MacOmb County Road Commission

190 Mich. App. 73 · Michigan Court of Appeals · Jun 18, 1991

In determining whether the expert testimony will aid the trier of fact, it is helpful to apply "the common sense inquiry whether the untrained layman would be qualified to determine intelligently and to the best possible … Therefore, the trial court’s factual finding that defendant had stipulated to the exchange of appraisals and the right to call the other party’s expert as a witness was not clearly erroneous. *85 V Defendant also contends

People of Michigan v. Eric Lamont King-Price Jr

Michigan Court of Appeals · Jun 17, 2026

While the majority concludes that the evidence established King-Price was the primary causal agent by directing how the stolen credit cards were charged, it does not address the other considerations that tend to indicate … Id. at 327. 2 It appears that only one other Michigan case has interpreted whether the purchaser of stolen credit-card information would qualify as a leader under MCL 777.44.

Lindsey Patrick v. Virginia B Turkelson

Michigan Court of Appeals · Jan 16, 2018

Lindsey clearly was not making unverifiable, subjective complaints of mere pain and suffering. … Based on this record evidence, we conclude there was conflicting evidence directly related to determining whether Lindsey’s claimed injury qualified as a serious impairment of body function.

In Re L Haack Minor

Michigan Court of Appeals · Oct 24, 2025

For example, “the ADA requires that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a … Thus, we may presume that the trial court did not clearly err by finding that the unchallenged statutory grounds were established by clear and convincing evidence.

Joann Scanland v. Beaumont Hospital

Michigan Court of Appeals · Oct 3, 2019

Further, “[t]he fact that the parties dispute the meaning of a release does not, in itself, establish an ambiguity.” … Similarly, the other “extrinsic” evidence fails to establish any patent ambiguity.

People of Michigan v. Cleophis Hall

Michigan Court of Appeals · Jun 18, 2015

It is well-established that prosecutors may not inject issues into a trial that are broader than a defendant’s guilt or innocence. People v Abraham, 256 Mich App 265, 273; 662 NW2d 836 (2003). … The trial court clearly explained to the prosecutor the nature of his error and in so doing implicitly cautioned him from using the verbiage.

People v. Riggs

223 Mich. App. 662 · Michigan Court of Appeals · Aug 27, 1997

It is difficult to reach a conclusion that the probable cause necessary to establish the corpus delicti was not established at the preliminary examination. … The record clearly establishes that Agent Crock did deliberately elicit incriminating statements from defendant on February 23,1993.

in Re burke/crosby Minors

Michigan Court of Appeals · Jun 7, 2018

We review a circuit court’s factual finding that a statutory termination ground has been established for clear error. Rood, 483 Mich at 90-91. … Termination of mother’s parental rights was clearly in the best interests of her children. Mother had no bond with young NB.

People of Michigan v. Jay Scott Clark

Michigan Court of Appeals · Nov 19, 2019

The Court also established several rules to prevent abuses of these constitutional rights. … On appeal, the prosecutor concedes that admission of the police officer’s questions relating to Ashley’s purported statement qualifies as plain error.

In Re Rjm

Michigan Court of Appeals · Jun 29, 2023

To establish that respondent was a person requiring treatment pursuant to either of the provisions cited above petitioner needed to establish that respondent suffered from a mental illness. … Jackson qualified this opinion, and the specific diagnosis given was somewhat speculative. Dr.

People of Michigan v. Victor Rumaldo Ruiz

Michigan Court of Appeals · Jul 18, 2024

Although “it is generally not sufficient to simply point to an expert’s experience and background to argue that the expert’s opinion is reliable and, therefore, admissible,” nevertheless “[a] witness may be qualified as an … AN testified that she was excused from showering that day and the next day, but she clearly testified there were further occasions afterwards when she had to shower and defendant again abused her.