Case law

People of Michigan v. Tywon Deon Hamilton

Michigan Court of Appeals · Aug 7, 2018

Because the record establishes that defense counsel articulated a specific objection on hearsay grounds, the Court of Appeals erred in holding that the issue was unpreserved. … Again, trial counsel was clearly aware of what the prosecution intended to do, and was able to meet the statement at trial.

People of Michigan v. Jehnel Jean Pore

Michigan Court of Appeals · Mar 24, 2022

Soon thereafter, defendant was able to breathe clearly. She called 911 to report that Kibler had assaulted her. … It has long been the case that: The immunity from giving testimony is one which the defendant may waive by offering himself as a witness.

in Re a M Brown Minor

Michigan Court of Appeals · Jan 16, 2018

STATUTORY GROUNDS FOR TERMINATION It is not clear whether respondent is also arguing that the trial court clearly erred in determining that the statutory grounds had been established to terminate respondent’s parental … “A decision qualifies as clearly erroneous when, ‘although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.”

People of Michigan v. Emmanuel Jerome Beverly

Michigan Court of Appeals · Nov 1, 2016

UNAVAILABLE WITNESS I agree with the majority’s conclusion that the trial court did not clearly err by declaring the victim unavailable under MRE 804. … I think you all heard me say that he was sworn to tell—well, I don’t know that he was sworn, he was qualified—he’s seven years old so we don’t swear seven-year-olds. He was qualified to tell the truth.

Monique Turner v. Department of Corrections

Michigan Court of Appeals · Jul 22, 2021

Under that framework, the plaintiff must first establish a prima facie case of discrimination, i.e., that she was “(1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position … Thus, plaintiff must first establish a prima facie case of retaliation. Id. If a plaintiff establishes a prima facie case, a court presumes that an employer’s conduct, if otherwise unexplained, was retaliatory. Id.

People of Michigan v. John Anthony Merchant

Michigan Court of Appeals · Jan 27, 2015

Defendants contend that the victims do not qualify as “vulnerable” under the statute and that no predatory conduct occurred. … Merchant was clearly the mastermind behind this offense.

Charlie Dalton Davis v. Elise Cathryn Schnuphase

Michigan Court of Appeals · Jul 28, 2022

As such, it qualifies as a final order under MCR 7.202(6)(a)(i), and it is not subject to the limitation in MCR 7.203(A)(1) for appeals from an order described in MCR 7.202(6)(a)(iii)-(v). … the evidence clearly preponderates in the opposite direction.

People of Michigan v. Myron Gregory Jessie

Michigan Court of Appeals · Apr 24, 2018

In light of the foregoing, the trial court clearly erred in finding that Jessie’s conduct warranted the assessment of 15 points for OV 8. … Because Jessie was convicted of three qualifying offenses resulting from separate criminal acts, the trial court correctly assessed 25 points for OV 13.

People of Michigan v. Myron Gregory Jessie

Michigan Court of Appeals · Apr 24, 2018

In light of the foregoing, the trial court clearly erred in finding that Jessie’s conduct warranted the assessment of 15 points for OV 8. … Because Jessie was convicted of three qualifying offenses resulting from separate criminal acts, the trial court correctly assessed 25 points for OV 13.

People of Michigan v. Gregory Carlos Boswell

Michigan Court of Appeals · Jan 26, 2023

Therefore, defendant cannot establish an ineffective- assistance claim. Nix, 301 Mich App at 207. … VICTIM-IMPACT STATEMENTS In his last claim, defendant argues that he is entitled to resentencing because statements from several persons who do not qualify as “victims” under the Crime Victim’s Rights Act (CVRA),

Michael J Radler v. Judith M Radler

Michigan Court of Appeals · Mar 21, 2017

“In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property.” … Judge Beal’s valuation of the TRG stock was within the range established by the proofs and was not clearly erroneous.

People of Michigan v. Joshua Lee Dufek

Michigan Court of Appeals · Jun 10, 2021

“Statutes are presumed to be constitutional unless their unconstitutionality is clearly apparent. Statutes must be construed as proper under the constitution if possible. … Every reasonable presumption or intendment must be indulged in favor of the validity of an act, and it is only when invalidity appears so clearly as to leave no room for reasonable doubt that it violates

Michael J Radler v. Judith M Radler

Michigan Court of Appeals · Mar 21, 2017

“In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property.” … Judge Beal’s valuation of the TRG stock was within the range established by the proofs and was not clearly erroneous.

People of Michigan v. Susan K Hernandez-Zitka

Michigan Court of Appeals · Dec 10, 2020

An “injustice” may occur when there has been an intervening change in the law, see People v Spinks, 206 Mich App 488, 496-497; 522 NW2d 875 (1994), or “where the prior opinion was clearly erroneous,” Phillips, 227 Mich App … Lessnau was qualified as an expert witness in the field of illegal gambling.

People of Michigan v. Vickery Jerome McCray

Michigan Court of Appeals · Jul 26, 2016

Counsel was satisfied that incomprehensible portions of the tape were properly redacted from the transcript and clearly indicated that his agreement was with the tape’s foundation and not the substance recorded. … , which both qualify as a “listed prior felony” under MCL 769.12(1)(a) and (6)(a)(ii).

People of Michigan v. Davonte Christopher Burkett

Michigan Court of Appeals · Jun 16, 2026

The trial court’s determination that defendant lacked standing was not clearly erroneous from the record. … As our Supreme Court has recognized, officers, while typically not qualified as experts, may be seen as such, especially where their “specialized training and experience” is presented the jury in advance of the problematic

People of Michigan v. Jordan Lewis Dunn

Michigan Court of Appeals · May 12, 2016

Bechinski was qualified as an expert in forensic pathology and performed the autopsy on the victim. … For the reasons explained, defendant’s claims of ineffective assistance of counsel are clearly without merit.

People of Michigan v. Laurence Joseph Frechette III

Michigan Court of Appeals · Jan 25, 2024

Frechette does not clearly explain how this argument undermines the sufficiency of the evidence. … Frechette has not established any clear or obvious error in this regard.

Kendra Anne Mallison v. Carl Frederick Mallison

Michigan Court of Appeals · May 26, 2015

In a divorce action, this Court reviews for clear error a trial court’s factual findings on the division of marital property and whether a particular asset qualifies as marital or separate property. … In fact, “a trial judge’s remarks made during trial, which are critical of or hostile to counsel, the parties, or their cases, ordinarily do not establish disqualifying bias.”

Cox v. Flint Board of Hospital Managers

243 Mich. App. 72 · Michigan Court of Appeals · Dec 19, 2000

We reemphasize here what is clearly now the rule. … Unlike Greathouse , in the present case there was no issue whether plaintiffs' experts were qualified specialists in their field of expertise.