Case law

Marcia Marie McFarlane v. Dale Donald McFarlane

Michigan Court of Appeals · Feb 21, 2017

“[W]here a trial court's valuation of a marital asset is within the range established by the proofs, no clear error is present.” … Contrary to plaintiff’s arguments, it was not necessary for Griffith to be qualified as an expert in order to testify about the home’s value.

Power Play International Inc v. Del Reddy

Michigan Court of Appeals · Jul 26, 2016

Clearly, there would be no reason to destroy defendants’ personal property and provide plaintiffs with invoices indicating such if the property did not depict, relate, or pertain to plaintiffs or the Howe family. … Where the fact of damages has been established and the only question to be decided is the amount, the certainty requirement is relaxed. Id.

People of Michigan v. Branquell Sayman-Anthony Bates

Michigan Court of Appeals · Feb 13, 2026

The testimony was not elicited to establish that defendant had a prior criminal history. … The trial court clearly considered the offenses and the offender and articulated its reasons for imposing a consecutive sentence.

People of Michigan v. Felix Antonio Davis III

Michigan Court of Appeals · May 14, 2020

The record must additionally establish that the defendant exploited the victim’s vulnerability. … The letters were relevant because they were clearly intended to prevent the prosecution from prosecuting defendant, and were probative of defendant’s consciousness of guilt.

People of Michigan v. Maliek Thomas Williams

Michigan Court of Appeals · Aug 12, 2021

To establish plain error, “it must be found that (1) an error occurred, (2) the error was plain or obvious, and (3) the plain error affected the defendant’s substantial rights.” Id. … Moreover, defendant acknowledged that he had a prior qualifying crime. Therefore, defendant committed three felonious acts against a person within a five-year period.

In Re Martino Estate

Michigan Court of Appeals · Jul 11, 2025

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm’n, 236 Mich App 546, 550; 600 NW2d 698 (1999). … or affirmative conduct establishing mutual agreement to modify or waive the particular original contract.”

Marcia Marie McFarlane v. Dale Donald McFarlane

Michigan Court of Appeals · Feb 21, 2017

“[W]here a trial court's valuation of a marital asset is within the range established by the proofs, no clear error is present.” … Contrary to plaintiff’s arguments, it was not necessary for Griffith to be qualified as an expert in order to testify about the home’s value.

People of Michigan v. Maliek Thomas Williams

Michigan Court of Appeals · Aug 12, 2021

To establish plain error, “it must be found that (1) an error occurred, (2) the error was plain or obvious, and (3) the plain error affected the defendant’s substantial rights.” Id. … Moreover, defendant acknowledged that he had a prior qualifying crime. Therefore, defendant committed three felonious acts against a person within a five-year period.

Earl Booth v. Department of Corrections

Michigan Court of Appeals · Mar 17, 2020

In Booth III, defendants argued that the AIPAS report did not qualify as a personnel record under ERKA because it fell under the exception set forth in MCL 423.501(1)(c)(v) for information kept separately from other records … Black’s Law Dictionary (11th ed), p 1594, defines the word “rule” as “an established and authoritative standard or principle; a general norm mandating or guiding conduct or action in a given type of situation.”

People of Michigan v. Paul Wiley Brewer

Michigan Court of Appeals · Jun 20, 2025

However, testimony from a witness qualified as an expert in DNA analysis indicated that semen matching defendant’s DNA profile was discovered on the bra and the bedsheet that police collected as evidence. … “Statutes are presumed to be constitutional, and the courts have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.” Id. (quotation marks and citation omitted).

Jessica Swider v. David McHugh Trust

Michigan Court of Appeals · Mar 2, 2023

Plaintiffs did not present any evidence to establish a material factual dispute concerning the nature of the transaction between McHugh and TSB. … The foregoing provision regarding the time for bringing an action for DFA violations clearly contemplates that 15 USC 1639c can be judicially enforced.

Estate of James D Branch v. Kevin Rudolph

Michigan Court of Appeals · Mar 19, 2025

(c) In any manner established in a written agreement of the members. … Plaintiff was not terribly specific about what claims applied to what parties, but plaintiff clearly pleaded claims of membership oppression and failure to provide an accounting under the MLLCA against STL.

Nadia Maria Packard v. Paul Thomas Brown

Michigan Court of Appeals · Aug 22, 2019

To the extent this appeal requires this Court to interpret statutory language, “[t]he rules of statutory interpretation are well established.” … MCL 700.1302(a)(ii) establishes that the probate court has exclusive legal and equitable jurisdiction over the administration and settlement of an estate, and the appointment of a personal representative is clearly part of

Ryan Price v. Renee Cassata

Michigan Court of Appeals · Sep 14, 2023

Nonetheless, such a finding can easily and clearly be drawn from the trial court’s written opinion.”). … The facts do not clearly preponderate otherwise.

People of Michigan v. Dennis Patrick Bringard

Michigan Court of Appeals · Aug 29, 2024

Defendant submitted affidavits from himself, his sister, and Debbie to establish the factual basis for his claims. … For the reasons explained in this opinion, most of the errors identified by defendant do not hold merit, and any potential error identified by defendant did not clearly prejudice him.

People of Michigan v. Deandre Terrel Austin

Michigan Court of Appeals · Jan 14, 2020

“A defendant has the right to have a properly instructed jury consider the evidence against him or her, and it is the trial court’s role to clearly present the case to the jury and to instruct on the applicable law.” … The Court further stated that “ ‘more than a mere coincidence of time and place is necessary’ for a murder to qualify as a felony murder.” Id. at 130, quoting LaFave at 465.

in Re G Grabowski Minor

Michigan Court of Appeals · Aug 16, 2018

Therefore, respondent has failed to establish plain error. III. … “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.’ ” Id., quoting

People v. Gioglio

292 Mich. App. 173 · Michigan Court of Appeals · Apr 5, 2011

The trial court qualified her, without objection or voir dire, as an expert in the assessment and treatment of children and adults who have been sexually abused. … She did establish that HB had had discussions with TB about good touches and bad touches but failed to relate that testimony to the case in any meaningful way.

Joseph Wier v. Allstate Insurance Company

Michigan Court of Appeals · Mar 13, 2018

Wier clearly 33 Robins (On Remand), 276 Mich App at 362-363. 34 Wier was involved in three or four accidents after 1996. … Hanks clearly stated that she was unable to rely on the results of Wier’s personality testing, and fully explained the reason she reached that conclusion.

Carol a McBratnie v. Ditech Financial LLC

Michigan Court of Appeals · Feb 14, 2019

qualified written requests relating to in-process loan modifications and with respect to Defendant’s alleged misrepresentations about the time it will take to review short sale requests.” … On October 16, 2012, prior loan servicer CitiMortgage, Inc. did revoke the escrow waiver, and established an escrow account due to plaintiff’s failure to pay delinquent taxes owed to Oakland County and the City of Berkley