Case law

Beaumont Health v. Progressive Michigan Insurance Company

Michigan Court of Appeals · Jun 29, 2023

Holtslander did not testify and no evidence establishes that he only drove the motorcycle twice, as plaintiff contends. … Further, no evidence establishes that Farley put any limitations or restrictions on Holtslander’s use of it.

People v. Higuera

244 Mich. App. 429 · Michigan Court of Appeals · Apr 5, 2001

The subsequent legislative enactments defendant relies on are statutes requiring parental consent, [3] informed consent, [4] and record keeping, [5] providing immunity for those who refuse to perform abortions, [6] prohibiting … The intent to repeal must very clearly appear, and courts will not hold to a repeal if they can find reasonable ground to hold the contrary. Id.

People of Michigan v. Scott Reed Blaisdell

Michigan Court of Appeals · Feb 5, 2015

But the statue clearly provides that the mere keeping of controlled substances in a dwelling is forbidden.”). Unpublished opinions of this Court, while not precedentially binding, may be persuasive. … Personal use clearly is not implicated by that statutory language.

People of Michigan v. Jeremy Jon Lehre

Michigan Court of Appeals · Jun 24, 2021

Further, given the fact that defendant’s fingerprint was found on a pill bottle belonging to the victim—and he does not appear to dispute on appeal that he was guilty of theft from the house—the evidence clearly established … As in Cain, the duties required by the oath were clearly imparted to the prospective jurors, and the solemnity of the proceedings was clearly communicated as well.

People of Michigan v. Michael Magik Jones

Michigan Court of Appeals · Nov 4, 2021

However, the summary also clearly points out that Texas has not adopted this act. … Thus, any error in admitting her preliminary examination testimony qualifies as harmless beyond a reasonable doubt. C.

People of Michigan v. David Christopher Savage

Michigan Court of Appeals · May 14, 2020

Clearly, the jury credited the testimonies of Officers Briggs and York, who testified to observing defendant pass a .22-caliber handgun to Harris, and thus found defendant guilty of the crimes charged. … We conclude that defendant has not established plain error affecting his substantial rights. Carines, 460 Mich at 763. III.

Raffi Muschegian v. Kristina Maria Esparza

Michigan Court of Appeals · Jul 15, 2021

The requesting party bears the burden of establishing that attorney fees are justified. Id. … Under these circumstances, the trial court did not clearly err by finding defendant’s testimony about her financial resources incredible.

Gerald Scott Usiondek v. Frank S Peters

Michigan Court of Appeals · Apr 16, 2015

See Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999); see also MCL 600.2932 and MCR 3.411. … Clearly, the parent parcel indicated that the property, which included the parcel that the Usiondeks subsequently acquired, was initially identified as running to and bordering the Huron River.

Charles Case v. Shannon Hunt

Michigan Court of Appeals · Apr 23, 2019

Because defendant’s statements were not defamatory per se, plaintiffs were obligated to establish the damages element of their defamation claim to avoid summary disposition. … The trial court in this case correctly determined that plaintiffs did not establish that they had suffered any damages, and therefore failed to state a claim of defamation.

Katherine Kacmarsky v. Edward W Sparrow Hospital Association

Michigan Court of Appeals · Oct 24, 2017

To the extent plaintiff relies on the concurring opinion in Turbin, we note that the opinion of one judge is clearly not binding upon us, and, at any rate, the concurring judge merely echoed the sentiment of Birmingham that … Therefore, to the extent that the trial court found that Obiedzinski was not qualified to testify to the local standard of care, it did not abuse its discretion.

Katherine Kacmarsky v. Edward W Sparrow Hospital Association

Michigan Court of Appeals · Oct 24, 2017

To the extent plaintiff relies on the concurring opinion in Turbin, we note that the opinion of one judge is clearly not binding upon us, and, at any rate, the concurring judge merely echoed the sentiment of Birmingham that … Therefore, to the extent that the trial court found that Obiedzinski was not qualified to testify to the local standard of care, it did not abuse its discretion.

Upper Peninsula Power Company v. Village of L'Anse

Michigan Court of Appeals · Nov 12, 2020

If they can act to benefit those people, which would include any financial benefit, then that would qualify as “reasonable” under any rubric and is not “whimsical and principle-free” as UPPCO claims. … The documents attached to UPPCO’s second amended complaint clearly show that the Village in 2015 had decided to reach out to UPPCO’s existing customers to gauge their interest.

Adaseny Humphrey v. Marcel a Flores

Michigan Court of Appeals · Sep 21, 2023

She qualified that answer by indicating that she was unable to do those types of things with her left hand and arm. … MCL 500.3135(1) provides -11- threshold exceptions to tort immunity with respect to the recovery of noneconomic damages. Id.

People of Michigan v. Bradley Nolan Clark

Michigan Court of Appeals · Jul 21, 2022

A finding is clearly erroneous if this Court “is left with a definite and firm conviction that a mistake has been made,” despite that there is supporting evidence. … Officer Lyons testified at Officer Clark’s trial with a promise of immunity. Officer Lyons explained on direct examination that he was on patrol when Sergeant Glaza contacted him for assistance with “a knock and talk.”

People of Michigan v. Michael Anthony McEwen

Michigan Court of Appeals · May 17, 2018

This action alone would qualify as “obstructing” a police officer. … Clearly, Leggitt’s bodily injury required medical attention or medical care, as Leggitt sought out and actually received such care because of defendant’s actions.

People of Michigan v. Michael Anthony McEwen

Michigan Court of Appeals · May 17, 2018

This action alone would qualify as “obstructing” a police officer. … Clearly, Leggitt’s bodily injury required medical attention or medical care, as Leggitt sought out and actually received such care because of defendant’s actions.

People of Michigan v. Emmanuel Leroy Brown

Michigan Court of Appeals · Feb 21, 2017

The evidence established that Buchanan suffered fourth degree burns over almost his entire body. … On appeal, “[t]he trial court’s decision to admit identification evidence will not be reversed unless it is clearly erroneous.” People v Harris, 261 Mich App 44, 51; 680 NW2d 17 (2004).

Johnathan Parker v. Farmers Insurance Exchange

Michigan Court of Appeals · Jan 17, 2019

Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. … Plaintiff was clearly aware that he did not receive 1 This section explains the criminal consequences of “a fraudulent insurance act.” MCL 450.4511.

People of Michigan v. Ali Husan Kejjan

Michigan Court of Appeals · May 2, 2024

Further, because there was no interpreter 2 The circuit judge who signed the October 4, 2018 Order Appointing Certified/Qualified Interpreter was not the same circuit judge who presided over defendant’s September 2021 … When an attorney references a fact that was not in the record during closing argument, “reversal is not required [if] the trial court clearly instructed the jury that the lawyer[’s] statements and arguments are not evidence

People of Michigan v. Christopher Darnell Moore

Michigan Court of Appeals · Dec 1, 2022

Rather, the testimony of the victim may itself be sufficient to establish criminal sexual conduct without corroboration. … The sexual assault qualifies as a startling event. See Smith, 456 Mich at 552.