Case law

People of Michigan v. Marita Glynise Talley

Michigan Court of Appeals · Aug 22, 2024

In contrast, defendant clearly testified at trial that the decedent was abusive. Taylor “cannot be found ineffective for failing to pursue information that his client neglected to tell him.” … Deputy Garcia was never qualified as an expert.

People of Michigan v. Brandon James Harbison

Michigan Court of Appeals · Jan 26, 2017

The trial court’s finding was not clearly erroneous. Armstrong, 490 Mich at 289. … A physician who examines a sexual abuse victim may be a proper witness, but if the physician’s opinion that sexual abuse occurred is based solely on what the victim told the physician, absent the physician being qualified

People of Michigan v. Barry Laron Doolittle

Michigan Court of Appeals · May 30, 2019

“No actual physical injury is required for the elements of the crime to be established.” People v Harrington, 194 Mich App 424, 430; 487 NW2d 479 (1992). … Review of the record reveals that the evidence presented at trial unequivocally established the elements necessary to sustain the jury’s verdict.

Alexei Moutsatsos v. City of Huntington Woods

Michigan Court of Appeals · Nov 22, 2016

Here, plaintiff alleged only the less severe injury of embarrassment, which is clearly insufficient to allege special injury. … No precedent has been presented establishing that damage to reputation or simple embarrassment is sufficient for a special injury, and we are aware of none.

People of Michigan v. Stacy Wayne Rose Jr

Michigan Court of Appeals · Nov 19, 2019

Because no errors have been established, however, reversal is not warranted on the basis of cumulative error. … Here, although the trial court did not clearly err by scoring OVs 9, 14, and 19, the court did not properly score PRV5.

in Re Application of Upper Peninsula Power Co to Increase Rates

Michigan Court of Appeals · May 31, 2018

It is for the PSC to weigh conflicting opinion testimony of the qualified (competent) experts to determine how the evidence preponderated. … Expert opinion testimony is substantial if offered by a qualified expert who has a rational basis for his views, whether or not other experts disagree.

Dennis Jones v. Smart

Michigan Court of Appeals · Feb 13, 2025

It also is clear that plaintiff breached this covenant by making innumerable references of precluded material in his arbitration summary.5 But the question is whether this breach qualifies as a violation of a court order. … As a result, the signing of the arbitration document—no matter how much that document clearly violated the terms of the arbitration agreement—cannot constitute a violation of MCR 1.109(E)(5), which makes MCR 1.109(E)(6) inapplicable

People of Michigan v. David Michael Stewart

Michigan Court of Appeals · Nov 6, 2018

First, the record clearly demonstrates that the court adequately warned defendant of the dangers of self-representation, beyond simply advising defendant that proceeding in propria persona would be perilous. … With regard to both attorneys, defendant identifies no action or inaction on the part of his attorneys that could qualify as the ineffective assistance of counsel.

People of Michigan v. John Coryell Kelsey II

Michigan Court of Appeals · Apr 17, 2018

Marijuana qualifies as a schedule 1 controlled substance. MCL 333.7212(1)(c). … Accordingly, the trial court did not clearly err by scoring OV 9 at 10 points.

Omar Akeem Amos v. Progressive Marathon Insurance Company

Michigan Court of Appeals · Jul 13, 2023

The Court held “that the use of the phrase ‘a person’ in MCL 500.3113(a) clearly and plainly includes a family member who has taken a vehicle unlawfully, thereby precluding that person from receiving PIP benefits.” … “Because a taking does not have to be larcenous to qualify as unlawful, the phrase ‘taken unlawfully’ in MCL 500.3113(a) applies to anyone who takes a vehicle without the authority of the owner, regardless of whether that

20231109_C361260_52_361260.Opn.Pdf

Michigan Court of Appeals · Nov 9, 2023

Contractual rights are generally freely assignable, unless clearly restricted. Burkhardt v Bailey, 260 Mich App 636, 653; 680 NW2d 453 (2004). … To establish a rebuttable prima facie case of discrimination, a plaintiff must present evidence that (1) she belongs to a protected class, (2) she suffered an adverse employment action, (3) she was qualified

Sunnybrook Golf Bowl & Motel Inc v. City of Sterling Heights

Michigan Court of Appeals · Dec 7, 2017

The Tribunal, then, could clearly rely on manuals prepared by the STC. … Because the land added by the Tribunal qualified as “omitted real property” under MCL 211.34d(1)(b)(i), it was an “addition,” which, pursuant to MCL 211.27a(2)(a), allowed the property's 2013 and 2014 taxable value to be

People of Michigan v. Rotunda Demtrius McCray

Michigan Court of Appeals · Aug 12, 2021

Detective Blair was qualified as an expert in narcotics enforcement. … But, nonetheless, even were the case useful to the instant case, the trial court’s comment was brief, and the court clearly imposed a consecutive sentence because of defendant’s extensive criminal history and repeated failures

People of Michigan v. Rotunda Demtrius McCray

Michigan Court of Appeals · Aug 12, 2021

Detective Blair was qualified as an expert in narcotics enforcement. … But, nonetheless, even were the case useful to the instant case, the trial court’s comment was brief, and the court clearly imposed a consecutive sentence because of defendant’s extensive criminal history and repeated failures

People of Michigan v. John Coryell Kelsey II

Michigan Court of Appeals · Apr 17, 2018

Marijuana qualifies as a schedule 1 controlled substance. MCL 333.7212(1)(c). … Accordingly, the trial court did not clearly err by scoring OV 9 at 10 points.

Janet Lynn Kirk v. Mary Ann Osterbeck

Michigan Court of Appeals · Feb 14, 2017

The pension provision of the Consent Judgment of Divorce granted plaintiff 50% of the current value of William’s pension for the period of time of the marriage and directed plaintiff’s attorney to submit a Qualified Domestic … Lane received the affidavits before issuing the order granting amendment of the QDRO (the record indicates that the affidavits were received by the court on the same day that it issued its opinion), those affidavits were clearly

People of Michigan v. Gary Allen Dennis

Michigan Court of Appeals · Feb 22, 2018

The prosecutor’s statement qualifies as permissible argument where he was simply arguing the facts in evidence and explaining why the police did not perform DNA analysis; and was not bolstering Detective Bozek’s credibility … A finding is clearly erroneous if “the reviewing court is left with a definite and firm conviction that a mistake has been made.”

People of Michigan v. Raymond Charles Colville

Michigan Court of Appeals · Nov 29, 2018

A ruling that contradicts clearly established law is plain error. Id. at 770. An error shows prejudice when it affects the outcome of the proceedings in the lower court. Id at 763. … “Prejudice must be shown, or facts clearly establishing the inference that it occurred from what was said or done.” People v Fetterley, 229 Mich App 511, 545; 583 NW2d 199 (1998).

Beatrice Alghali v. Hanover Insurance Company

Michigan Court of Appeals · Jul 9, 2020

Citizens further argued that while ACE would disavow coverage because Mary Kay and its subsidiaries were the named insured, the Legislature clearly intended for the policy to follow the vehicle. … In reply, ACE argued that Citizens had failed to establish that ACE’s policy was void.

Sunnybrook Golf Bowl & Motel Inc v. City of Sterling Heights

Michigan Court of Appeals · Dec 7, 2017

The Tribunal, then, could clearly rely on manuals prepared by the STC. … Because the land added by the Tribunal qualified as “omitted real property” under MCL 211.34d(1)(b)(i), it was an “addition,” which, pursuant to MCL 211.27a(2)(a), allowed the property's 2013 and 2014 taxable value to be