Case law

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

Northstar Aggregates LLC v. Watson Township

Michigan Court of Appeals · Jul 27, 2023

Stoneco has not established a need for new aggregate capacity. … qualified to speak on an issue.

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).

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.”

O People of Michigan v. Benjamin Michael Bentz

Michigan Court of Appeals · Feb 17, 2022

Simms’s testimony was that she clearly vouched for TH’s credibility.” Id. … Simms was a highly qualified individual to make a credibility assessment. The prosecutor first argues that the admission of Dr.

Diana Saad v. Farmers Insurance Exchange

Michigan Court of Appeals · Dec 18, 2018

Second, the trial court clearly explained that while strikes for cause were taken one at a time, there was no limitation on how many or when a given juror could be stricken. … This is especially true because, as this Court has held, judicial rulings almost always are not sufficient to establish judicial bias.

People of Michigan v. Demetrius Fitzgerald Jenkins

Michigan Court of Appeals · Jul 1, 2021

Clearly, this is a hearsay statement, as it is an out-of-court statement offered to prove the truth of the matter asserted. MRE 801(c). … Over defendant’s objection, Detective Rufner was qualified as an expert in “street-level narcotics trafficking.”

Devon Misenko v. William H Burkeen

Michigan Court of Appeals · May 15, 2018

-2-  Michigan courts have well established the rule that “[p]remises liability is conditioned upon the presence of both possession and control over the land.” … Finally, even if William is ultimately entitled to possession and control of the barn, including the loft, by virtue of his property ownership, Nathan was clearly the possessor of the loft at the time of the incident.

Devon Misenko v. William H Burkeen

Michigan Court of Appeals · May 15, 2018

-2-  Michigan courts have well established the rule that “[p]remises liability is conditioned upon the presence of both possession and control over the land.” … Finally, even if William is ultimately entitled to possession and control of the barn, including the loft, by virtue of his property ownership, Nathan was clearly the possessor of the loft at the time of the incident.

Estate of Bassam Hassan v. Mi Property & Casualty Guaranty Assn

Michigan Court of Appeals · Oct 12, 2017

Moreover, the documents also -5- established that Hassan had died before the settlement agreement and release were finalized in 2009, which meant that, by 2011, any claims … the estate may have had against other, lower priority, no-fault insurers would be barred by the one-year back rule, MCL 500.3145.1 Accordingly, because all the requirements of MCL 500.7925 are satisfied, the estate clearly

Michael H Bernardi v. Tonya Melynda Rock

Michigan Court of Appeals · Jun 18, 2020

Plaintiff asserted that his “medical records clearly establish that his injuries and treatment stem[med] from” this accident. In part, plaintiff attached a letter from Dr. … Seidel is undoubtedly a highly qualified expert in his field who conducted a thorough and methodical examination of the Plaintiff.

People of Michigan v. Dionte Deshaun Clingman

Michigan Court of Appeals · Jul 24, 2018

Varma or the resident qualify as statements made for the purpose of medical treatment or diagnosis. The examination was performed one day after the victim disclosed the abuse. … Defendant did not make this 1 The rules of civil procedure apply to criminal cases governed by MCR 6.100 et seq., unless prohibited by rule or statute, it clearly appears that a given rule applies only to civil proceedings

People of Michigan v. Viktor Shaholli

Michigan Court of Appeals · Jun 21, 2016

“A finding of fact is clearly erroneous if, after a review of the entire record, an appellate court is left with a definite and firm conviction that a mistake has been made.” … Rather, the insanity defense as established by the -16-  Legislature is the sole standard for determining criminal responsibility as it relates to mental illness

People of Michigan v. Nathaniel David Sweet

Michigan Court of Appeals · Jan 22, 2015

Defendant has not established a due process violation and is not entitled to a new trial. II. POLICE OFFICER TESTIMONY A. … Here, the baby did not suffer one of these qualifying injuries. Rather, she sustained multiple, serious injuries that required weeks of hospitalization.

People of Michigan v. Dionte Deshaun Clingman

Michigan Court of Appeals · Jul 24, 2018

Varma or the resident qualify as statements made for the purpose of medical treatment or diagnosis. The examination was performed one day after the victim disclosed the abuse. … Defendant did not make this 1 The rules of civil procedure apply to criminal cases governed by MCR 6.100 et seq., unless prohibited by rule or statute, it clearly appears that a given rule applies only to civil proceedings

People of Michigan v. Mark Carter

Michigan Court of Appeals · Mar 17, 2015

An oral ruling can have the same effect as a written order where it clearly communicates the finality of the pronouncement. … Under defendant’s theory, the existence of any mental illness would be discoverable by the defense, which distorts the articulated standard and qualifies as a fishing expedition.

Kurt C Nelson v. Safeguard Properties LLC

Michigan Court of Appeals · Nov 9, 2017

Here, no evidence supports that Safeguard qualifies as a debt collector under the first definition. … [This] establishes only that debt collection is some part of Wells Fargo’s business.

Wendy Talan v. Sheilah Marie Stewart

Michigan Court of Appeals · Aug 6, 2019

A juror is presumed to be qualified and competent to serve, and the burden is on the challenging party to establish otherwise. Froede, 207 Mich App at 130. … “A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire record is left with a definite and firm conviction that a mistake was made.” Id.

Carson City Hospital v. Quick-Sav Food Stores Ltd

Michigan Court of Appeals · Apr 28, 2016

(count II), that the clinic had not alleged a present-physical-injury element as necessary to succeed on a negligence or gross negligence claim (count III), that there was no intent to intrude, nor did the contaminants qualify … In establishing this liability under § 21323a, the MDEQ has the burden of proof. MCL 324.21323a(6).

in Re a C Hawkins Minor

Michigan Court of Appeals · Dec 29, 2016

DHHS subsequently filed a petition alleging that the child qualified under the provisions of MCL 712A.2(b)(1) and (2) for several reasons: (i) respondent had a history of mental illness, including schizophrenia and delusional … Respondent fails to establish that she is entitled to relief. A.