Case law

People of Michigan v. Justin Paul Coble

Michigan Court of Appeals · Mar 17, 2025

Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting … Therefore, the trial court clearly considered a variety of factors, and found reasonable grounds to sentence defendant to incarceration, pursuant to MCL 769.34(4)(a).

Rebecca Kaspryk v. General Motors LLC

Michigan Court of Appeals · May 26, 2022

Granting summary disposition based on MCR 2.116(C)(8) is only appropriate “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” … 3) she was qualified for the position; and (4) she was replaced by a younger person.”

Raymond J Carey v. Foley & Lardner LLP

Michigan Court of Appeals · Aug 9, 2016

In accordance with MCR 2.116(C)(7), a party may file a motion to dismiss a lawsuit when “[e]ntry of judgment, dismissal of the action, or other relief is appropriate because of . . . immunity granted by law [or] statute of … The federal district court clearly rejected plaintiff’s contention that his compensation by defendant was discriminatory.

People of Michigan v. Gerald Bennett

Michigan Court of Appeals · Feb 24, 2022

“A trial court’s findings of fact may not be set aside unless they are clearly erroneous.” … But these arguments are actually directed at the propriety of the trial court’s factual findings in resolving the conflicting opinions of two experts, both of whom the prosecution admits were qualified to render these opinions

People of Michigan v. Willie Eddie Anderson II

Michigan Court of Appeals · Oct 19, 2017

At trial, Agent Brue was qualified as an expert in forensic cell phone analysis. … The trial court’s finding that defendant was the leader of a multiple offender situation was not clearly erroneous.

University Pediatricians v. Wayne State University Bd of Governors

Michigan Court of Appeals · Feb 7, 2019

The Court stated that “[u]pon proof of an express oral or written agreement, the mutuality requirement is clearly satisfied.” Id. at 373. … The Court also stated that silence alone does not establish waiver. Id. at 365.

People of Michigan v. Willie Eddie Anderson II

Michigan Court of Appeals · Oct 19, 2017

At trial, Agent Brue was qualified as an expert in forensic cell phone analysis. … The trial court’s finding that defendant was the leader of a multiple offender situation was not clearly erroneous.

People of Michigan v. David Tramell Walker

Michigan Court of Appeals · Mar 4, 2021

“The findings are clearly erroneous if this Court is left with a firm conviction that a mistake was made.” Id. … See also Akhmedov, 297 Mich App at 753 (“[i]nitial entrapment does not immunize a defendant from criminal liability for subsequent transactions that he readily and willingly undertook.”)

People of Michigan v. Curtis Lee Hampton

Michigan Court of Appeals · Apr 4, 2019

Hampton fails to recognize that, for spoken words to qualify as a “statement” under the hearsay rules, the words must contain an assertion of fact that is—when made—“[]capable of being true or false.” … See In re Hoffman, 382 Mich 66, 84; 3 Hampton does not argue that any of the trial court’s quoted factual findings on remand were clearly erroneous.

Monica Lynn O'Brien v. Matthew Joseph King

Michigan Court of Appeals · Oct 23, 2025

The parties also agreed “that before entering into litigation, they [would] seek the assistance of a qualified family counselor or mediator if they [could not] agree on major . . . decisions” concerning the child. … Review of the record establishes this finding was not clearly erroneous.

People of Michigan v. Cory Odell Derrick

Michigan Court of Appeals · Mar 21, 2024

Under the plain language of the court rule, the prosecutor is only required to disclose to defendant “any plea agreement, grant of immunity, or other agreement for testimony in connection with the case.” … We reject defendant’s suggestion that MRE 410 applies in this instance because the rule of evidence clearly applies to evidence of a defendant’s plea discussions, not a witness’s.

People of Michigan v. Derrin Torey Abbott

Michigan Court of Appeals · Aug 4, 2022

Therefore, the trial court did not clearly err by finding that the evidence supported a 10-point score for OV 9. B. … He argues, however, that he has no qualifying offenses against a person, such that a 10-point score would be proper.

People of Michigan v. Gerald Bennett

Michigan Court of Appeals · Feb 24, 2022

“A trial court’s findings of fact may not be set aside unless they are clearly erroneous.” … But these arguments are actually directed at the propriety of the trial court’s factual findings in resolving the conflicting opinions of two experts, both of whom the prosecution admits were qualified to render these opinions

People of Michigan v. Derrin Torey Abbott

Michigan Court of Appeals · Aug 4, 2022

Therefore, the trial court did not clearly err by finding that the evidence supported a 10-point score for OV 9. B. … He argues, however, that he has no qualifying offenses against a person, such that a 10-point score would be proper.

People of Michigan v. Nickelus Grannum-Emerson

Michigan Court of Appeals · Nov 29, 2016

Clearly, a credit card company must keep accurate records of the credit card numbers it has issued. … Clearly, defendant is requesting this Court engage in second- guessing trial counsel’s strategy.

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).

Charles E Ross v. Auto-Owners Insurance Company

Michigan Court of Appeals · Dec 4, 2018

In order to establish that an individual committed fraud, the insurer must establish (1) that the individual made a material misrepresentation, (2) that the representation was false, (3) that when the individual … Additionally, to qualify for benefits pursuant to MCL 500.3107(1)(b), an individual “must actually be employed at the time of the accident[.]” Popma, 446 Mich at 468.

Sgm v. James Robert David Whiteford

Michigan Court of Appeals · Jul 10, 2025

DISCUSSION Under the no-fault act, “tort liability for non-economic loss arising out of the ownership, maintenance, or use of a qualifying motor vehicle is limited to a list of enumerated circumstances.” … the scarred tissue on her leg shows -10- a lighter and pinkish hue to her skin tone as opposed to her normal skin tone and even a darker red scar above her knee that is clearly

People of Michigan v. Jeffrey Carl Wade

Michigan Court of Appeals · May 13, 2026

Cottrell was qualified as an expert in child sexual abuse dynamics, including disclosure patterns and offender behavior. … Because the evidence established more than one penetration, the assessment of 50 points was supported by a preponderance of the evidence and was not clearly erroneous.

People of Michigan v. Amaria Palmore

Michigan Court of Appeals · Mar 17, 2020

As previously discussed, the third-party identification testimony by the police officers qualifies as nonhearsay under MRE 801(d)(1)(C). … Thus, if the Legislature has clearly intended to impose multiple punishments, the imposition of multiple sentences is permissible regardless whether the offenses have the same elements, but if the Legislature has not clearly