Case law

People of Michigan v. Anthony Terrel Wilson

Michigan Court of Appeals · Jun 27, 2024

Given this, the circumstances do not clearly indicate the trustworthiness of the statement. 5. … All three of these offenses qualify as crimes against a person. MCL 777.12e, MCL 777.12f, and MCL 777.16p.

Dept of Environment Great Lakes & Energy v. Brookside Crossing LLC

Michigan Court of Appeals · Oct 22, 2020

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. … “A statute may qualify as void for vagueness if (1) it is overbroad and impinges on First Amendment freedoms, (2) it does not provide fair notice of the conduct it regulates, or (3) it gives the trier of fact unstructured

Sathya Gowda v. Mune Gowda

Michigan Court of Appeals · May 14, 2020

The settlement agreement clearly established that 7 We note that, while a trial court’s determination of foreign law is a question of law, MCL 600.2114a, “[t]he question of credibility is generally for the fact-finder … See also MCR 2.613(C) (“Findings of fact by the trial court may not be set aside unless clearly erroneous.

Debra Novak v. Community Living Services Inc

Michigan Court of Appeals · Feb 19, 2019

It was not effective during the 2015 inspection that failed to undercover the water damage, CLS contends, and therefore Novak cannot establish liability. … This language indicates the Legislature’s intent to assure that contracting parties are clearly aware that the scope of their contractual undertakings encompasses a third party, directly referred to in

20251114_C371115_29_371115.Opn.Pdf

Michigan Court of Appeals · Nov 14, 2025

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm’n, 236 Mich App 546, 550; 600 NW2d 698 (1999) (internal citation omitted). … See, e.g., Morris v Estate of Morris, unpublished per curiam opinion of the Court of Appeals, issued October 21, 2014 (Docket No. 315892), at 3 (“Plaintiff clearly, concisely, and directly identified two separate causes of

Emmanuel McCune Jr v. Allstate Insurance Company

Michigan Court of Appeals · Jan 8, 2019

Additionally, “MCL 500.3173a(2) does not require that any particular recipient have received the false statement in order for the act to qualify as a fraudulent insurance act, as long as the statement was used ‘as part of … He clearly stated, to his doctor and at his deposition, that he was knocked unconscious and unable to walk home after the accident, when the reports and witness testimony indicate the opposite.

People of Michigan v. Taiwan Prater

Michigan Court of Appeals · Nov 3, 2022

The parties do not dispute that the charged offense and the prior act both qualify as listed offenses against a minor. See MCL 768.27a(2). … Thus, the trial court clearly addressed Prater’s sole challenge to the scoring of the guidelines.

People of Michigan v. Jason Brent Keister

Michigan Court of Appeals · May 16, 2019

Gillespie testified regarding different concepts, such as grooming, where a perpetrator attempts to establish trust between them and a potential victim. … Although defendant does not clearly present this argument, it appears that defendant also contends that Dr.

Midland Funding LLC v. Michael Bassett

Michigan Court of Appeals · Dec 13, 2016

Under MRE 902(11) records “of regularly conducted business activity that would be admissible” under MRE 803(6)3 can be self-authenticated “by written declaration under oath by its custodian or other qualified person certifying … Here, because Bassett was only given notice of Midland Funding’s intention to offer the records under MRE 902(11) one day before trial, the notice and some of the records were clearly not “available for inspection sufficiently

20231130_C363651_33_363651.Opn.Pdf

Michigan Court of Appeals · Nov 30, 2023

The acts of possession necessary to support a claim of adverse possession must be sufficient to, if observed by the owner, clearly apprise them that an adverse claim is being made. … Turning to the question of hostility, this Court has considered whether the intent to hold a line believed to be a boundary, which is not in fact the true boundary line, can qualify as hostile, and establish adverse possession

Charter Township of Royal Oak v. Janice Brinkley

Michigan Court of Appeals · May 18, 2017

Thus, there could be an argument made that a text message would qualify as written notice. … Contrary to defendant’s assertions, plaintiff’s position regarding mail protocol was at least arguably warranted by existing law, and defendant fails to establish clear error. G.

in Re Leonard Minors

Michigan Court of Appeals · Aug 30, 2018

Miller was qualified as an expert in psychosexual risk assessment and sex offender treatment. … A decision of the trial court is clearly erroneous if “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. James Patrick Oconnell

Michigan Court of Appeals · Nov 5, 2015

Katherine Okla, who was qualified as an expert in forensic psychology, with expertise in suggestibility, forensic interviewing techniques, and memory research. Dr. … The jury also requested “better speakers to hear clearly,” and external speakers were provided. The jury found defendant guilty of all charges.

Charter Township of Royal Oak v. Janice Brinkley

Michigan Court of Appeals · May 18, 2017

Thus, there could be an argument made that a text message would qualify as written notice. … Contrary to defendant’s assertions, plaintiff’s position regarding mail protocol was at least arguably warranted by existing law, and defendant fails to establish clear error. G.

People of Michigan v. Joshua Anthony Sedgeman

Michigan Court of Appeals · Nov 3, 2022

“Where an accomplice . . . has been granted immunity in order to secure his testimony, it is clear error for the court to deny the defendant the opportunity to elicit this information at trial.” … The judgment of sentence clearly indicates that defendant was sentenced as a third-offense habitual offender in accordance with the parties’ agreement at sentencing.

People of Michigan v. Isaac Alexander

Michigan Court of Appeals · Aug 12, 2021

-21-  decisional act entitled to immunity. [Zavala v Zinser, 420 Mich 567, 659-660; 363 NW2d 641 (1984).] … When an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or to others, it would appear to be clearly

in Re Guardianship of Milan Kapp

Michigan Court of Appeals · Jan 4, 2018

If persons have equal priority, the court shall select the person the court considers best qualified to serve. … Given their written representations and the statements of counsel, Mila and Bonnie clearly acquiesced to the appointment of a public administrator as a replacement for Andruccioli.

in Re Guardianship of Milan Kapp

Michigan Court of Appeals · Jan 4, 2018

If persons have equal priority, the court shall select the person the court considers best qualified to serve. … Given their written representations and the statements of counsel, Mila and Bonnie clearly acquiesced to the appointment of a public administrator as a replacement for Andruccioli.

In Re Ecd

Michigan Court of Appeals · Aug 25, 2025

Bayer qualified as an expert in the field of psychiatry. The probate court asked respondent if she had an objection to Dr. Bayer’s qualifications. … Bayer being qualified as an expert witness.

in Re Leonard Minors

Michigan Court of Appeals · Aug 30, 2018

Miller was qualified as an expert in psychosexual risk assessment and sex offender treatment. … A decision of the trial court is clearly erroneous if “the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.”