Case law

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

People of Michigan v. Llamar Marquise Venson

Michigan Court of Appeals · Feb 26, 2019

These findings are not clearly erroneous. … The victim’s testimony clearly established that Williams performed acts that assisted in the commission of the crime.

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

Rodney Jay Logan v. Dewayne R Grann

Michigan Court of Appeals · Jun 1, 2023

To warrant summary disposition, the claim must be “so clearly unenforceable that no factual development could possibly justify recovery.” El-Khalil, 504 Mich at 160. … Logan challenges this ruling on appeal, claiming that he established actual damages. The entirety of Logan’s argument about Count V reads: The Lower Court held that [Logan] has not established damages.

Rodney Jay Logan v. Dewayne R Grann

Michigan Court of Appeals · Jun 1, 2023

To warrant summary disposition, the claim must be “so clearly unenforceable that no factual development could possibly justify recovery.” El-Khalil, 504 Mich at 160. … Logan challenges this ruling on appeal, claiming that he established actual damages. The entirety of Logan’s argument about Count V reads: The Lower Court held that [Logan] has not established damages.

People of Michigan v. Desean Maurice Smith

Michigan Court of Appeals · Jun 18, 2020

The effective assistance of counsel is presumed, and the burden is on the defendant to establish the contrary. … Because the record clearly establishes that the jury was given the opportunity to return a general verdict of not guilty, defendant’s unpreserved challenge to the jury verdict form is without merit and does not warrant relief

People of Michigan v. Justin Christopher Farrsiar

Michigan Court of Appeals · May 14, 2015

[A] court evaluating proposed expert testimony must ensure that the testimony (1) will assist the trier of fact to understand a fact in issue, (2) is provided by an expert qualified in the relevant field of … “A finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that the trial court made a mistake.”

People of Michigan v. Rolland Scott Diegel

Michigan Court of Appeals · Mar 17, 2020

A trial court’s finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made. People v Lopez, 305 Mich App 686, 693; 854 NW2d 205 (2014). … The prosecutor qualified his explanation by stating that the jury still needed to determine that defendant committed aggravated-domestic violence in this case beyond a reasonable doubt.

Spencer James Smith v. Mm1 Inc

Michigan Court of Appeals · Dec 10, 2020

Finally, sending plaintiff, who was employed as a teacher at the time of the accident, away from the school for the express purpose of buying candy also assuredly qualifies as a “special mission.” … Finally, nothing in the record before us establishes that the third, fifth, or sixth factors are applicable in this case. See id. -7-

Thomas Henry Leagon v. Eileen Carol Leagon

Michigan Court of Appeals · Jul 11, 2017

that the award would be clearly inappropriate … Plaintiff fails to explain why or how he qualifies as “the prevailing party” when he did not prevail in his motion to change custody.

People of Michigan v. Larry Manciel

Michigan Court of Appeals · Apr 28, 2022

-2- the confession did not qualify as newly discovered evidence. Accordingly, the court denied defendant’s motion for a new trial. … The defendant bears the onus of establishing “the requisite showing” regarding the four elements of the Cress test. People v Rao, 491 Mich 271, 274; 815 NW2d 105 (2012).

Estate of Trask Simpson v. General Motors LLC

Michigan Court of Appeals · Jan 2, 2020

And because Keener paired the spring and the ball stud, it qualifies as the competed product manufacturer, not Stabilus. … It is not a form of blanket immunity for a defectively manufactured part that happens to have been integrated within a larger product.

Lynn Beth Baum v. David Baum

Michigan Court of Appeals · May 26, 2022

It is well established that corporations and other business entities can only act through their agents. … It is well established that an appellant’s failure to dispute the basis of a trial court’s ruling constitutes a waiver.

Thomas Henry Leagon v. Eileen Carol Leagon

Michigan Court of Appeals · Jul 11, 2017

that the award would be clearly inappropriate … Plaintiff fails to explain why or how he qualifies as “the prevailing party” when he did not prevail in his motion to change custody.

Niles Twp. v. Berrien Cty. Bd. of Comm'rs

683 N.W.2d 148 · Michigan Court of Appeals · Jun 24, 2004

Public Service Comm., 257 Mich.App. 1, 14 , 666 N.W.2d 298 (2003), statutory language must be read within its grammatical context unless something else was clearly intended, Sun Valley, supra at 237 , 596 N.W.2d 119 . … This constitutes further evidence that the Legislature intended that procedures to establish special assessments for police and fire protection be governed by MCL 41.801 et seq., unless the township issues bonds, and that

Warren C Coryell Jr v. Hurley Medical Center

Michigan Court of Appeals · Sep 27, 2018

Churella v Pioneer State Mut Ins Co, 258 Mich App 260, 268; 671 NW2d 125 (2003). 4 “ADA regulations expressly provide that, when a covered entity ‘chooses to provide qualified interpreters via VRI service,’ it ‘shall ensure … If that were intended, it certainly could have been clearly set forth in the relevant regulation.

People of Michigan v. Brian Maxie Lazaro

Michigan Court of Appeals · Aug 26, 2021

Hearsay evidence is not admissible unless it qualifies under an exception to the rules of evidence. MRE 802. … As a result, the victim’s medical records qualify under recognized hearsay exceptions. MCL 803(4); MRE 803(6).

Bryan Zack v. Thomas C Clock III

Michigan Court of Appeals · Jun 11, 2019

Thus, unless plaintiffs establish that their injuries occurred during the policy period, Westfield’s duty to defend and indemnify the funeral home and Clock is not triggered. We find that they did not. … -6-  Again, the policy at issue clearly and unambiguously provides coverage only if it is caused by an occurrence that took place in the coverage territory and the

Lisa a Cozza v. Anthony F Cozza

Michigan Court of Appeals · Dec 29, 2016

The evidence, however, clearly establishes that plaintiff did not interfere in any way. On remand, the trial court need not make factual findings regarding defendant’s exercise of his overnight parenting time. … Clearly, a “support order” can include both the “child support” payments and the “childcare expenses” discussed in the JOD.

Estate of Patricia Bacon v. Dept of Health and Human Services

Michigan Court of Appeals · Jun 1, 2017

This legislation empowered defendant to “establish and operate the Michigan medicaid estate recovery program to comply with” 42 USC 1396p. MCL 400.112g(1). … A finding is clearly erroneous when, on review of the whole record, this Court is left with the definite and firm conviction that a mistake has been made.”