Case law

People of Michigan v. Nizam-U-Din Sajid Qureshi

Michigan Court of Appeals · Jan 5, 2016

Her testimony was clearly an -2- out-of-court statement made by complainant. MRE 801(c). … The defendant must establish both prongs of this test to prevail on his claim of ineffective assistance of counsel. People v Hoag, 460 Mich 1, 5-6; 594 NW2d 57 (1999).

Integrated Health Group Pc v. Integrated Healthcare Systems LLC

Michigan Court of Appeals · Jun 24, 2021

Huraibi has failed to establish plain error in this respect. … See Smith v Anonymous Joint Enterprise, 487 Mich 102, 113; 793 NW2d 533 (2010) (noting that, to establish a claim of defamation, a plaintiff must establish that there was “a false and defamatory statement concerning the plaintiff

People of Michigan v. Alvin Lee Franklin

Michigan Court of Appeals · Jan 28, 2020

Kirk DeLeeuw, a forensic scientist employed by the Michigan State Police forensic laboratory, was qualified without objection as an expert in DNA analysis. … However, we are not persuaded that the affidavit establishes that trial counsel undertook inadequate investigation or erred by failing to call the girlfriend as a witness.

Rodney Kasubowski v. Ronald Misiak

Michigan Court of Appeals · Feb 27, 2018

“Use of another’s property qualifies as adverse when made under a claim of right when no right exists.” Id. Generally, using the property of another with permission precludes a finding of adversity. … Plaintiff clearly did so as to adversity.

Tony Lee Szcygiel v. Susan Kaye Szcygiel

Michigan Court of Appeals · Oct 24, 2017

It was established that plaintiff performed “renovations” on defendant’s parent’s home, such as reroofing the home and renovating a bedroom. … Accordingly, we are not convinced that the trial court’s finding was clearly erroneous.

Posen Construction Inc v. City of Dearborn

Michigan Court of Appeals · Jan 27, 2015

The trial court determined that the “unambiguous meaning of ‘defective and erroneous plans, specifications,’ etc. . . . refers clearly to work NTH performed.” … The 2006 amendment clearly authorizes Posen to file a lawsuit in an appropriate court to prosecute unresolved disputes.

in Re bell/bell-smith Minors

Michigan Court of Appeals · May 21, 2019

Clearly, the need for psychiatric treatment was recognized, and indeed, actually ordered. … Based on the record presented, the L- GAL has failed to establish that the trial court clearly erred when it found that DHHS failed to make reasonable efforts toward reunifying respondent-father with his children.

Jon Jon's Inc v. City of Warren

Michigan Court of Appeals · Oct 26, 2017

these establishments per population in the municipality, and the market demand for opening such enterprises.” … First, plaintiffs argue that Katopodes was not qualified to render expert opinion testimony under MRE 702.

C People of Michigan v. Damon Andrew Jackson

Michigan Court of Appeals · May 9, 2024

The resentencing court clearly erred by ignoring this constitutional mandate.”) (citations omitted). Neither Miller nor Montgomery held as much. … We believe this clearly indicates that defendant understood the pervasive societal prohibition against such conduct.

People of Michigan v. Michael Wayne Hughes

Michigan Court of Appeals · Sep 21, 2023

It is well established that jurors are presumed to have followed their instructions. People v Breidenbach, 489 Mich 1, 13; 798 NW2d 738 (2011). … “There is no clearly established Supreme Court precedent which holds that a state violates due process by permitting propensity evidence in the form of other bad acts evidence.”

Sefika Ademi v. State Farm Mutual Automobile Insurance Company

Michigan Court of Appeals · Jun 25, 2015

We also review for clear error a trial court’s finding whether a communication qualified as a reasonable proof of the fact or amount of loss. Williams, 250 Mich App at 265. … Statutes are presumed to apply prospectively unless the Legislature clearly manifests the intent for retroactive application.

People of Michigan v. Alan Lawrence Witt

Michigan Court of Appeals · Jul 13, 2017

Again, under Hartwick merely possessing a card is not enough to establish prima facie evidence of this element. … This finding was not clearly erroneous.

Tony Lee Szcygiel v. Susan Kaye Szcygiel

Michigan Court of Appeals · Oct 24, 2017

It was established that plaintiff performed “renovations” on defendant’s parent’s home, such as reroofing the home and renovating a bedroom. … Accordingly, we are not convinced that the trial court’s finding was clearly erroneous.

People of Michigan v. Matthew Mark Lukas

Michigan Court of Appeals · Jul 14, 2015

Further, all the witnesses presented were friends with defendant and had been at the bar with 4 Defendant’s trial attorney conceded that defendant’s witnesses were only qualified to testify regarding the existence of … Given the trial court’s findings, which we do not find clearly erroneous, id., we do not believe remand is justified, as it seems probable that the trial court would make the same decision.

Tabetha Argel v. George Elliott Argel

Michigan Court of Appeals · Jan 27, 2022

“A factual finding is against the great weight of the evidence if the evidence clearly preponderate[s] in the opposite direction such that the judgment is a miscarriage of justice.” … White was qualified to offer expert testimony and, as the proponent of Dr. White’s testimony, Argel had the burden to establish that her testimony met the requirements of MRE 702.

in Re Stephan Minors

Michigan Court of Appeals · Feb 7, 2019

With these goals in mind, the ADA provides in pertinent part:  Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such … Ultimately, on this record, respondent has failed to establish that the trial court clearly erred by determining that reasonable efforts were made to reunify respondent and the children.

People of Michigan v. Michael Douglas North

Michigan Court of Appeals · Sep 19, 2017

A finding is clearly erroneous if, after reviewing the entire record, we are left with a definite and firm conviction that a mistake has been made. People v Dagwan, 269 Mich App 338, 342; 711 NW2d 386 (2005). … The “smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle, pursuant to the motor vehicle exception to the warrant requirement.” Id. at 413.

People of Michigan v. Edgar Henry Merchant

Michigan Court of Appeals · Jun 20, 2019

At the bench trial, the trial court summarized the testimony by stating that the “victim clearly indicated she did not give [defendant] permission to enter” the home. … We conclude that the trial court properly assessed 25 points for OV 3 because the victim’s excessive blood loss qualified as a life-threatening injury.

Rodney Kasubowski v. Ronald Misiak

Michigan Court of Appeals · Feb 27, 2018

“Use of another’s property qualifies as adverse when made under a claim of right when no right exists.” Id. Generally, using the property of another with permission precludes a finding of adversity. … Plaintiff clearly did so as to adversity.

Paula Dowker v. Richmond Community Schools

Michigan Court of Appeals · Sep 11, 2018

In turn: MCR 2.116(C)(7) provides for summary disposition when a claim is barred because of . . . immunity granted by law . . . … “The fact that a plaintiff engages in a ‘protected activity’ under the Whistleblowers’ Protection Act does not immunize him from an otherwise legitimate, or unrelated, adverse job action.”