Case law

Safaa Kousibati v. Ayman Asayed

Michigan Court of Appeals · Aug 8, 2025

The court did not clearly err in its findings. … Husband fails to provide an adequate argument explaining how these debts qualify as marital debts that should be subject to division between the parties.

People of Michigan v. Matthew Joseph Connolly

Michigan Court of Appeals · May 30, 2024

As the officers were in full uniform, defendants clearly knew they were ignoring the commands of law enforcement officers performing their duties. … Defendants cannot establish their entitlement to this defense and cannot establish the court erred in denying their request for the jury instruction. E.

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.

a Felon's Crusade for Equality Honesty & Truth v. Detroit Bd of Ed

Michigan Court of Appeals · Nov 14, 2019

Accordingly, plaintiff failed to establish a question of material fact that would preclude summary disposition. … By requiring interviews to take place in an open meeting, the Legislature clearly envisioned that the identities of the applicants would eventually become known. Booth, 444 Mich at 231.

TCG Detroit v. City of Dearborn

261 Mich. App. 69 · Michigan Court of Appeals · May 26, 2004

"[A] statute is presumed to be constitutional unless its unconstitutionality is clearly apparent." McDougall v. Schanz, 461 Mich. 15, 24 , 597 N.W.2d 148 (1999). … IV Dearborn also argues that the trial court clearly erred in finding that TCG's evidence of some of Dearborn's costs established its "fixed and variable costs" allowed under the statute.

Estate of Xavier Ray Joe v. Community Emergency Medical Service

Michigan Court of Appeals · Dec 18, 2018

In the 2014 case, the trial court granted summary disposition in favor of the Southfield dispatchers under MCR 2.116(C)(7) (governmental immunity) and (10) (no genuine issue of material fact). … The trial court and this Court definitively addressed those additional claims on their merits and concluded that plaintiff failed to establish a genuine issue of material fact with respect to those claims.

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.

People of Michigan v. Terry Lester Bundy

Michigan Court of Appeals · Feb 1, 2022

But, as defendant concedes, MRE 901 clearly does not require anything more than a witness’s testimony to establish the requisite foundation, and AB’s mother fulfilled that requirement. … Parkin-Joseph was qualified without objection as an expert in the area of pediatric sexual assault medicine as well as child development.

People of Michigan v. Michael Leon Stokes

Michigan Court of Appeals · Nov 17, 2025

This provision clearly allows for amendment of an intent to seek enhanced sentence at any time. … Defendant has not established the factual predicate for his claim of ineffective assistance.

People of Michigan v. Javon Robert Dabney

Michigan Court of Appeals · Mar 21, 2024

Upon request the trial court and the prosecutor must disclose any leniency or immunity granted the witness or any reasonable expectations of leniency resulting from contact with the prosecutor. … Therefore, defendant cannot establish a claim of ineffective assistance of counsel. F.

Leoni Wellness LLC v. Easton Township

Michigan Court of Appeals · Nov 10, 2022

Defendant’s board unanimously scored BBSM as a more qualified candidate than plaintiff, and the board awarded the sole license to sell marijuana within defendant’s boundary to BBSM. … MCL 333.27959(4) requires municipalities to establish a competitive process to determine between competing applications.

City of Detroit v. Carmack's Collision LLC

Michigan Court of Appeals · Jul 11, 2019

Once the plaintiff establishes a prima facie case of title, the defendant must prove its superior right or title. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Road Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

People of Michigan v. Jacques Jean Kabongo

Michigan Court of Appeals · Dec 27, 2018

Pursuant to MCR 2.511(D)(1), a potential juror may be challenged for cause if the individual “is not qualified to be a juror[.]” … MCL 600.1307a(1)(e) provides that a person is qualified to serve as a juror if, along with the other listed requirements, he or she has not “been convicted of a felony.”

People of Michigan v. Roy Leando Snell

Michigan Court of Appeals · May 11, 2026

According to defendant, a qualified expert would have testified that his youthful attributes at the time of the homicide mitigated his culpability for the crime. … Counsel clearly recognized the necessity of a mitigation expert in this case, as evidenced by her successful request for funds to retain one.

Indiana Insurance v. Auto-Owners Insurance

260 Mich. App. 662 · Michigan Court of Appeals · May 14, 2004

Indiana argued that the Auto-Owners policy provided coverage that was broader than that required by the no-fault act and clearly encompassed the claims made in the underlying action. … But see MCR 7.202(7)(a)(v) (defining a final order as an order *672 denying a motion for summary disposition asserting governmental immunity).

People of Michigan v. Andrew Dag Babcock

Michigan Court of Appeals · May 30, 2024

To establish a due-process violation that requires reversal of a conviction, “a defendant must prove prejudice to his defense.” … In regard to the prosecution’s forensic-interview expert, the trial court stated that “trial counsel knew that that witness had been qualified before and this was a well-established field of testimony.”

20231121_C365598_32_365598.Opn.Pdf

Michigan Court of Appeals · Nov 21, 2023

The ADA provides 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 public entity … Accordingly, father’s argument that the trial court should have established a guardianship for the child in lieu of termination is without merit.

Nausheen Ali v. Khaja Naseeruddin Syed

Michigan Court of Appeals · Jan 29, 2019

The trial court clearly stated that it was not applying Shariah law, but was applying Michigan law to the parties’ contract. … Under this long- established precedent, the contract was supported by adequate consideration and was not illusory.1 Affirmed.

in Re E Hullihen Minor

Michigan Court of Appeals · Sep 27, 2016

Moreover, the murder of EH’s mother certainly qualified as a depraved criminal act that rendered the home environment unfit despite EH’s appropriate placement with petitioner at the time the petition was filed. … STATUTORY GROUNDS FOR TERMINATION Respondent next argues that the trial court clearly erred by determining that the requisite statutory grounds for termination were established by clear and convincing evidence.

Shel-Den Corporation v. Steven Thibault

Michigan Court of Appeals · Aug 21, 2025

The trial court agreed that certain items were not properly established by plaintiff. … Neumann was not qualified as an expert in the field of remediation, he did testify to be[ing] the director of operations of a remediation company.