Case law

People of Michigan v. Alan Donnell Broadnax

Michigan Court of Appeals · Apr 10, 2018

However, Broadnax still qualified as a fourth-offense habitual offender under MCL 769.12(1)(b). … That decision was clearly a matter of trial strategy.

in Re Brc Minor

Michigan Court of Appeals · Jan 16, 2020

A trial court clearly errs when “we are definitely and firmly convinced that it made a mistake.” In re White, 303 Mich App at 709-710. … 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

Estate of Michael Travis Errett v. a Forever Recovery Inc

Michigan Court of Appeals · May 30, 2017

Except as expressly provided for in sections 2957, 2958, and 2959, enactment of these sections did not “eliminate or diminish a defense or immunity” that existed at the time of the enactment. MCL 600.2957(3). … In fact, MCL 600.2957(3) ensures the rule’s survival by stressing that codification of comparative negligence did not “eliminate or diminish” preexisting defenses or immunities.

Gary R Hund v. Natalie T Hund

Michigan Court of Appeals · Jul 6, 2017

However, the burden of persuasion for the movant differs if the proposed change in custody alters any established custodial environment.9 If the proposed change would not alter any established custodial environment, then … Regarding the immunizations, the court found that plaintiff was in favor of getting OMH immunized, but defendant was against it.

In Re Guardianship of David P Vanpoppelen

Michigan Court of Appeals · Feb 24, 2022

If persons have equal priority, the court shall select the person the court considers best qualified to serve. … The probate court’s finding that appellant and Wyatt lacked sufficient sophistication to manage David’s finances is not clearly erroneous.

Kayla Fortin v. Munson Home Services Inc

Michigan Court of Appeals · Aug 20, 2019

Such damages are clearly within the contemplation of the parties to such a contract. … Plaintiffs can pursue a breach of contract claim based on damages in the form of emotional distress or mental anguish, so long as they qualify as third-party beneficiaries to the Munson-North Country contract, which leads

In Re Allen Minors

Michigan Court of Appeals · Mar 23, 2023

To be clearly erroneous, a finding must be more than possibly, or even probably, wrong: “A decision qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence … It is well established that a parent involved in a parental rights termination proceeding has the right to appointed, and reasonably effective, counsel.

Thomas S Toteff v. Joseph H Hemming

Michigan Court of Appeals · Aug 21, 2018

If we were to apply the doctrine of judicial estoppel in cases such as this, a lawyer negligently giving bad advice to his or her client would always have immunity from a malpractice claim if that client relied on the bad … The proponent of evidence has the burden of establishing that it is relevant and admissible. Id. B.

in Re M T Ferguson Minor

Michigan Court of Appeals · Sep 10, 2019

Joseph Auffrey, who was qualified as an expert witness in clinical psychology. Dr. … In light of the child’s established bonds with the foster family, that foster family’s established parenting ability, and the advantages provided by foster care, it would be contrary to the minor child’s need for permanency

In Re S L Kordupel Minor

Michigan Court of Appeals · Sep 29, 2022

DHHS attempted to locate a therapist but was unsuccessful, because of both the lack of a qualified therapist in the area and the COVID-19 pandemic. … The trial court did not clearly err by finding that SK did not have a bond with respondent.

People of Michigan v. Scott Allen Debruyn

Michigan Court of Appeals · Mar 31, 2022

Forensic pathologists are qualified to opine at trial regarding the cause and manner of a decedent’s death. … Randall Commissaris, Ph.D., whom the trial court qualified as an expert in both pharmacology and toxicology. Dr.

People of Michigan v. Sonya Marie Cody

Michigan Court of Appeals · Apr 14, 2022

OPINION TESTIMONY Defendant argues that Chief Sawyer also gave improper expert-opinion testimony when he testified about “the accuracy of insurance investigations” because he was “simply not qualified to render … The videos also showed defendant buying numerous personal items that Stone Lodge’s owners and its employees agreed were clearly not for Stone Lodge because personal items for the residents were not provided by the facility

People of Michigan v. Alan Donnell Broadnax

Michigan Court of Appeals · Apr 10, 2018

However, Broadnax still qualified as a fourth-offense habitual offender under MCL 769.12(1)(b). … That decision was clearly a matter of trial strategy.

People of Michigan v. Jimmie Walker Jr

Michigan Court of Appeals · Aug 20, 2019

Consequently, defendant fails to establish that the trial court clearly erred in relying on those two convictions among his other felony convictions to determine his habitual offender status. … Any movement of a victim to a place of greater danger, even if that movement is incidental, qualifies as asportation under OV 8. People v Barrera, 500 Mich 14, 21; 892 NW2d 789 (2017).

Dwj v. Clb

Michigan Court of Appeals · Nov 2, 2023

A finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made. Id. at 717-718. This Court reviews constitutional questions de novo. … We, however, are satisfied that the undisputed facts establish that there were no fighting words in this situation.

La Developers LLC v. Dept of Licensing and Regulatory Affairs

Michigan Court of Appeals · May 18, 2023

While it would be convenient to end the analysis there, we cannot because the introductory sentence to MCL 451.2102c qualifies all the definitions in the section with phrase “unless the context otherwise requires.” … Having established that Reves is the 41 See Reves, 494 US at 64. 42 Id. at 60-61. 43 Cf.

Steven R Lilly v. Grand Trunk Western Railroad Company

Michigan Court of Appeals · Jan 17, 2019

He is clearly unable to do his regular work and the restrictions placed on him by his orthopedic surgeon will remain permanent. … We disagree. 45 USC 54 clearly provides that assumption of the risk is not a defense to a FELA action.

Nancy Thurston v. McLaren Port Huron

Michigan Court of Appeals · Jul 27, 2023

The trial court reasoned: Clearly this is not a case of consent where Doctor Bazakis had consented to enter into a physician/patient relationship. … This tentative language, particularly the “if any” qualifier, suggests that Dr. Zoarski was merely speculating that the delay in transfer to the University of Michigan caused additional damages to Nancy.

Robert Kanas v. Duane Travis

Michigan Court of Appeals · Sep 10, 2025

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999). 1. … To the extent that their testimony conflicts, the trial court did not clearly err by crediting Duane’s testimony over Bob’s testimony.

People of Michigan v. Marsha Sharlene Rutherford

Michigan Court of Appeals · Oct 17, 2019

The trial court did not clearly err by finding that the 10-point score was warranted for OV 19. Hardy, 494 Mich at 438. B. … Defendant clearly controlled the organization and content of her own defense.