Case law

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.

Michael Blizman v. Michigan State Housing Development Authority

Michigan Court of Appeals · Jul 18, 2017

MSHDA investigated the claim, determined that Michael no longer qualified for a voucher, and notified Michael that it would terminate his voucher effective April 30, 2015. … Therefore, the trial court’s focus on the requirements to establish domicile was misplaced.

People of Michigan v. Tavares Jamale Brooks

Michigan Court of Appeals · Mar 24, 2015

However, the statement qualified as an exception to the prohibition against hearsay under MRE 804(b)(2), which states that a hearsay statement made by an unavailable declarant is admissible in a homicide prosecution if 1) … If the prosecution did not look for or discover this evidence, then it clearly never possessed and suppressed it, as is required to establish a Brady violation. VI.

Township of Oceola v. John Nowacki

Michigan Court of Appeals · Apr 15, 2021

First, he asserts that the evidence was not sufficient to establish that the items identified by the Township as violating the ordinance were not visible from off-site or from the roadway. … He argues that his photographs do not clearly depict the various objects, vehicles, and structures identified as being on his properties in violation of the ordinance.

People of Michigan v. Candy Juanita Lawson

Michigan Court of Appeals · Jun 6, 2019

Gomez was qualified as an expert in general medicine and explained that the wording for the cause of death on the death certificate was another way of saying “starvation.” … Defendant has not established any entitlement to relief under the plain-error doctrine.

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.

William Hilley III v. Joseph Ihab Saleh Alamat Dds

Michigan Court of Appeals · Nov 10, 2022

Richman qualified as an expert, and it is not contested that the AOM meets the statutorily required elements listed in MCL 600.2912d(1)(a) through (d). … Clearly, so-called “technical roadblocks” cannot be overcome by claiming ignorance and perpetrating misconduct. The concept of an “affidavit” is not a difficult one to grasp.

in Re watson/wilson Minors

Michigan Court of Appeals · Feb 27, 2020

The DHHS “must comply with the ADA” when it is establishing a plan for reunification services. In re Terry, 240 Mich App 14, 25; 610 NW2d 563 (2000). … “Title II of the ADA requires that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public

Ric-Man Construction Inc v. Neyer Tiseo & Hindo Ltd

Michigan Court of Appeals · Jan 17, 2017

The Court also explained that Fultz had been “misconstrued to, in essence, establish a form of tort immunity that bars negligence claims raised by a noncontracting third party.” Id. at 168. 24 Id. … Clearly, the above language applies to that portion of Ric-Man’s claim.

Ric-Man Construction Inc v. Neyer Tiseo & Hindo Ltd

Michigan Court of Appeals · Jan 17, 2017

The Court also explained that Fultz had been “misconstrued to, in essence, establish a form of tort immunity that bars negligence claims raised by a noncontracting third party.” Id. at 168. 24 Id. … Clearly, the above language applies to that portion of Ric-Man’s claim.

People of Michigan v. Emmanuel Jerome Beverly

Michigan Court of Appeals · Sep 20, 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.

People of Michigan v. Christopher Louis Sindone

Michigan Court of Appeals · Apr 11, 2019

INEFFECTIVE ASSISTANCE OF COUNSEL Defendant argues that he was denied the effective assistance of counsel because his trial counsel failed to argue that Sindone’s trailer did not qualify as a dwelling, failed to … However, defendant fails to meet his burden of establishing a factual predicate to support his claim.

Chappelle Development Company v. East Lansing Info

Michigan Court of Appeals · Feb 16, 2023

First, the statement that the documents “looked like mortgage fraud to a layperson,” strongly indicates that Singer is a lay person and thus qualifies for the reader that he is not a legal expert. … In contrast, the publications in this case do not clearly imply that Chappelle had committed prior crimes.

People of Michigan v. Marcus Henry Hearn

Michigan Court of Appeals · May 12, 2022

The trial court did not clearly err when it assigned 10 points for OV 19. C. … For the reasons discussed earlier, the trial court correctly assessed 20 points for PRV 2 because defendant had three qualifying low-severity felony convictions. MCL 777.52(1)(b).

Michelle Richards v. Boyne USA Inc

Michigan Court of Appeals · Oct 13, 2022

LAW AND ANALYSIS The Legislature enacted the SASA “in an effort to provide some immunity for ski-area operators from personal-injury suits by injured skiers.” … The fact that the parties dispute the meaning of a release does not, in itself, establish an ambiguity.

Marcus Heade v. Liberty Mutual Insurance Company

Michigan Court of Appeals · Sep 29, 2022

Liberty Mutual clearly included the challenged defenses in its affirmative defenses. … Liberty Mutual was clearly permitted to set off the wage-loss benefits paid to Jasmine by the amounts Jasmine received from Sun Life and SSDI.

Deborah F Silverman v. Geoffrey L Silverman

Michigan Court of Appeals · Aug 9, 2018

It found that plaintiff was qualified to work as a social worker, given her licensing and master’s degree in social work, but the trial court “also [found] it unlikely that [p]laintiff will obtain such a job given her age … “The record here simply does not establish that this case is one of those extreme cases warranting relief.” Id.

People of Michigan v. Scott Kevin Meisterheim

Michigan Court of Appeals · Aug 6, 2025

Furthermore, contrary to defendant’s assertion, there is no requirement that the injury must be permanent to qualify as a serious or aggravated injury. … Thus, the factual circumstances present in this case are clearly distinguishable from those in Ackley.

Deborah F Silverman v. Geoffrey L Silverman

Michigan Court of Appeals · Aug 9, 2018

It found that plaintiff was qualified to work as a social worker, given her licensing and master’s degree in social work, but the trial court “also [found] it unlikely that [p]laintiff will obtain such a job given her age … “The record here simply does not establish that this case is one of those extreme cases warranting relief.” Id.

People of Michigan v. Tony Darrell Walker

Michigan Court of Appeals · Sep 3, 2020

Defendant has not demonstrated that the prosecutor’s remarks qualify as plain error. … Thus, defendant has not established the factual predicate for this claim.