Case law

People of Michigan v. Demetrius Ivory

Michigan Court of Appeals · Jun 1, 2026

Those [examinations] were clearly not for medical purposes.” The trial court went on to observe that Dr. … Brown had the education or training in psychology or psychiatry that would qualify her to make such diagnoses.

People of Michigan v. Andrew Joseph Spagnola

Michigan Court of Appeals · Mar 8, 2018

Defendant’s alleged loss of self-control minutes before his phone calls to others was the component establishing that he perpetrated the abuse that caused the child’s injuries. … While the prosecutor certainly did not use the blandest terms, the message was clearly that the jurors should not believe defense counsel’s argument that the prosecution did not prove its case beyond a reasonable doubt.

People of Michigan v. Andrew Joseph Spagnola

Michigan Court of Appeals · Mar 8, 2018

Defendant’s alleged loss of self-control minutes before his phone calls to others was the component establishing that he perpetrated the abuse that caused the child’s injuries. … While the prosecutor certainly did not use the blandest terms, the message was clearly that the jurors should not believe defense counsel’s argument that the prosecution did not prove its case beyond a reasonable doubt.

People of Michigan v. Michael Eric Flores

Michigan Court of Appeals · Aug 23, 2016

He contends that TM’s testimony was not sufficient to establish penetration.1 We disagree. … However, under MRE 803(2), if a statement qualifies as an excited utterance it is inadmissible despite the fact that it is hearsay.

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.

People of Michigan v. Frank William Choate

Michigan Court of Appeals · Oct 28, 2014

“A finding is clearly erroneous if it leaves this Court with a definite and firm conviction that a mistake was made.” People v Shipley, 256 Mich App 367, 373; 662 NW2d 856 (2003). … Ataya asserted generally that a depressed person who is arrested “may be in a disaster,” he did not elaborate on what this meant and qualified the statement by saying, “I’m not sure, you know.” Dr.

Vaughn Guild v. Department of Corrections

Michigan Court of Appeals · May 16, 2017

[p]olicy that establishes a system of collective bargaining for civil service employees. … Again, the CBA very clearly contemplates and allows for a CSC appeal from a grievance decision; therefore, plaintiff had adequate notice for due process purposes.

Ismael Olivan v. Jose Olivan

Michigan Court of Appeals · Jun 27, 2019

qualified, certified, licensed, or prepared to perform. … Defendant also reiterated that plaintiff failed to establish the element of causation.

Vaughn Guild v. Department of Corrections

Michigan Court of Appeals · May 16, 2017

[p]olicy that establishes a system of collective bargaining for civil service employees. … Again, the CBA very clearly contemplates and allows for a CSC appeal from a grievance decision; therefore, plaintiff had adequate notice for due process purposes.

Vita S Shannon v. Aron L Ralston

Michigan Court of Appeals · May 23, 2019

Any such error must be readily apparent on the face of the award without second-guessing the arbitrator’s thought processes, and the arbitrator’s findings of fact are immune from review altogether. … In such instance, Paragraph 2 further provides that: The parents shall mutually agree upon a qualified person to act as Arbitrator.

People of Michigan v. Albert McKinley IV

Michigan Court of Appeals · Jan 23, 2018

And we certainly agree; clearly, defendant expressed his desire to end the interview and speak with counsel. But the record also clearly shows that Quinn and Hertel honored this decision. … First, the evidence was clearly admissible under MRE 404(b)(1).

People of Michigan v. Albert McKinley IV

Michigan Court of Appeals · Jan 23, 2018

And we certainly agree; clearly, defendant expressed his desire to end the interview and speak with counsel. But the record also clearly shows that Quinn and Hertel honored this decision. … First, the evidence was clearly admissible under MRE 404(b)(1).

People of Michigan v. Joseph John Blair Jr

Michigan Court of Appeals · Oct 29, 2019

The language in the Berrien County Sheriff’s Department policy does not qualify was [sic] to significant hampering or slight hampering. It simply says hamper. … The trial court clearly erred in finding that Blair’s car was “hamper[ing]” the use of private property, as no evidence supported this finding.

People of Michigan v. Keith Dion Wheat

Michigan Court of Appeals · Nov 9, 2017

Even if the prosecutor had violated MCR 6.201(H), defendant cannot establish the necessary prejudice to warrant a new trial. … These statistics establish the virtual certainty of the DNA results.

People of Michigan v. Keith Dion Wheat

Michigan Court of Appeals · Nov 9, 2017

Even if the prosecutor had violated MCR 6.201(H), defendant cannot establish the necessary prejudice to warrant a new trial. … These statistics establish the virtual certainty of the DNA results.

People of Michigan v. Douglas Kim Eller

Michigan Court of Appeals · Mar 24, 2022

Contrary to defendant’s contentions, Officer Post, as the recordkeeper, testified concerning matters that he was qualified to testify about. … The question posed by defendant, however, is not whether the trial court abused its discretion by excusing the prosecution’s failure to call Officer Gibson—the court clearly did.

People of Michigan v. Ernesto Evaristo Uribe

Michigan Court of Appeals · Jan 3, 2019

Guertin was qualified as an expert in the areas of child sexual abuse, child abuse, and pediatric care. He testified that he examined VG in October 2012. … Defendant has failed to establish the factual predicate for his claim. Hoag, 460 Mich at 6.

People of Michigan v. Micah Lynn Evans

Michigan Court of Appeals · May 3, 2018

Under MRE 702, a witness may be qualified as an expert by knowledge, skill, experience, training, or education. … In the instant case, review of the record reveals that Rosen was clearly qualified to testify regarding the areas of non-intuitive victim responses, perpetrator tactics, and the serial nature of domestic violence.

People of Michigan v. Micah Lynn Evans

Michigan Court of Appeals · May 3, 2018

Under MRE 702, a witness may be qualified as an expert by knowledge, skill, experience, training, or education. … In the instant case, review of the record reveals that Rosen was clearly qualified to testify regarding the areas of non-intuitive victim responses, perpetrator tactics, and the serial nature of domestic violence.

in Re Leon E Barrenger Trust

Michigan Court of Appeals · May 11, 2017

Indeed, three of the four are clearly personal letters, and in no way legal documents. … But, Michigan law is clear in this regard: “It is a well- established rule of statutory construction that this Court will not read words into a statute.” Byker v Mannes, 465 Mich 637, 646-647; 641 NW2d 210 (2002).