Case law

People of Michigan v. Michael Jeffrey Vanburen

Michigan Court of Appeals · Dec 20, 2018

The statement was offered as evidence that Wendy had injuries following her accident with defendant, and clearly and directly illustrated her injuries. … The significant portion of the statute is that the prosecutor has to establish that a particular, listed injury occurred, or that one similar to those listed occurred.

Douglas Lancaster v. Cosmopolitan Homes Inc

Michigan Court of Appeals · Dec 29, 2020

By using the modifier directly, the Legislature intended to assure that contracting parties are clearly aware that the scope of their contractual undertakings encompasses a third party, directly referred to … We agree that Brianna does not qualify as a third-party beneficiary of the purchase agreement.

People of Michigan v. Michael Allen Taylor

Michigan Court of Appeals · Feb 5, 2019

Generally, a search or seizure conducted without a warrant is presumptively unreasonable unless there exists both probable cause and a circumstance establishing an exception to the warrant requirement. … “A trial court’s determination in a suppression hearing regarding the admission of identification evidence will generally not be reversed unless clearly erroneous.”

in Re Coats Estate

Michigan Court of Appeals · Jul 20, 2017

If it is clear, no further analysis is necessary or allowed to expand what the Legislature clearly intended to cover.” Id. … “A finding is clearly erroneous when a reviewing court is left with a definite and firm conviction that a mistake has been made, even if there is evidence to support the finding.”

Klc v. Mahad Hussein-Afrah

Michigan Court of Appeals · Apr 11, 2024

The trial court clearly abused its discretion in granting plaintiffs relief from that judgment on the stated grounds. See Smith, 481 Mich at 526. … Rather, it was plaintiffs’ obligation to direct the court to the evidence that established a question of fact.

Hastings Dog Park Companions v. City of Hastings

Michigan Court of Appeals · Sep 3, 2020

On appeal, plaintiff contends that the documentary evidence established that plaintiff did not dissolve or disband such that it, as an unincorporated voluntary association, had the legal capacity to sue defendant. … Common sense would dictate that a person or entity’s very lack of existence would qualify as a legal disability that would deprive it of the ability to sue.

People of Michigan v. Joshua Webb Smith

Michigan Court of Appeals · Feb 5, 2026

ES testified clearly to one instance of CSC-I, three instances of CSC-II, and the jury made a credibility determination that we decline to disturb. … The instructions must clearly present the applicable law. People v McKinney, 258 Mich App 157, 162; 670 NW2d 254 (2003).

in Re Coats Estate

Michigan Court of Appeals · Jul 20, 2017

If it is clear, no further analysis is necessary or allowed to expand what the Legislature clearly intended to cover.” Id. … “A finding is clearly erroneous when a reviewing court is left with a definite and firm conviction that a mistake has been made, even if there is evidence to support the finding.”

Shawn Ryan Eichler v. Modern Waste Systems Inc

Michigan Court of Appeals · Dec 11, 2018

“To establish a prima facie case of negligence, a plaintiff must prove the following elements: (1) the defendant owed the plaintiff a legal duty, (2) the defendant breached the legal duty, (3) the plaintiff suffered damages … A question of fact clearly existed as to whether the dumpster was inherently dangerous and whether the dumpster’s placement added to the danger that the dumpster would tip.

Gregory Perttunen v. City of Livonia

Michigan Court of Appeals · Mar 13, 2018

“Circumstantial evidence may be sufficient to establish a case. … To establish a prima facie case of discrimination under the McDonnell Douglas approach, a plaintiff must show he was “(1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position

Gregory Perttunen v. City of Livonia

Michigan Court of Appeals · Mar 13, 2018

“Circumstantial evidence may be sufficient to establish a case. … To establish a prima facie case of discrimination under the McDonnell Douglas approach, a plaintiff must show he was “(1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position

In Re Conservatorship of Dlw

Michigan Court of Appeals · Oct 20, 2025

“A finding is clearly erroneous when a reviewing court is left with a definite and firm conviction that a mistake has been made, even if there is evidence to support the finding.” … MCR 5.202(A).6 Furthermore, “[b]efore receiving letters, a conservator must qualify by filing with the appointing court a required bond and a statement of acceptance of the duties of the office.” MCL 700.5412(1).

People of Michigan v. Waddell Poole Burney

Michigan Court of Appeals · Apr 13, 2017

Brown thus fails to establish any noncompliance with MCR 6.112. … Following Lockridge, this Court has held that a preserved Alleyne/Lockridge error must be reviewed to determine if it qualifies as harmless beyond a reasonable doubt.

Ronnie Fields v. National General Insurance Company

Michigan Court of Appeals · Aug 17, 2023

In general, hearsay evidence is not admissible unless it qualifies under an exception to the rules of evidence. MRE 802; Merrow v Bofferding, 458 Mich 617, 626; 581 NW2d 696 (1998). … The statements at issue do not themselves qualify as hearsay because they are admissions by a party opponent under MCR 801(d)(2).

Judith Sarkozy v. Hanover Insurance Company

Michigan Court of Appeals · Aug 30, 2016

Plaintiff’s insurance policy clearly stated the policy limits for each type of coverage she purchased, and provided that “[t]he most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance … There is no language qualifying this discretion. Simply put, under the policy language, plaintiff was required to wait for the filing of a “suit” before being entitled to defense from Hanover.

in Re Albert H Callahan & Eileen Callahan Revocable Living Trust

Michigan Court of Appeals · Dec 26, 2017

The question arises whether Douglas, as the attorney representing Eileen before the trial court, qualifies as an “aggrieved party” under MCR 7.203(A) who may seek appellate relief in this Court from the order of the trial … Eileen was clearly alive when she executed the 2015 quit claim deed, and as far as we are aware, is still alive today.

People of Michigan v. Demarco Trayman Pryor McCovery

Michigan Court of Appeals · Jul 21, 2022

“To establish entitlement to relief under plain-error review, the defendant must establish that an error occurred, that the error was plain, i.e., clear or obvious, and that the plain error affected substantial rights.” … However, “lay witnesses are qualified to testify about the opinions they form as a result of direct physical observation.” People v Hanna, 223 Mich App 466, 475; 567 NW2d 12 (1997).

in Re Albert H Callahan & Eileen Callahan Revocable Living Trust

Michigan Court of Appeals · Dec 26, 2017

The question arises whether Douglas, as the attorney representing Eileen before the trial court, qualifies as an “aggrieved party” under MCR 7.203(A) who may seek appellate relief in this Court from the order of the trial … Eileen was clearly alive when she executed the 2015 quit claim deed, and as far as we are aware, is still alive today.

People of Michigan v. Andrew Michael Czarnecki

Michigan Court of Appeals · Jun 10, 2021

Defendant does not argue that Alkotiat’s statements to Bonas do not qualify as statements against interest under MRE 804(b)(3). … Accordingly, defendant has not established a plain error. 2.

People of Michigan v. James Victor Hackler

Michigan Court of Appeals · Oct 30, 2018

This Court has previously held that a charge of CSC-I qualifies as an offense involving domestic violence under MCL 768.27b, even where the alleged conduct against a minor did not involve the use of force. … The multiple acts performed by defendant in this case on a defenseless six-year-old clearly warrant a departure as well. See id. at 190-191.