Case law

People of Michigan v. Clinton Rayshawn Grayson

Michigan Court of Appeals · Mar 23, 2017

In determining whether an error was harmless, this Court often considers whether the evidence establishing the defendant’s guilt was overwhelming. … Jury instructions must clearly present the case and the applicable law to the jury.

People of Michigan v. Martize Rede-Jordan Evanish

Michigan Court of Appeals · Apr 30, 2020

Ultimately, both Colter and SK followed counsel’s questions clearly and gave articulate answers throughout their testimony. … Thus, defendant cannot establish that he was prejudiced by defense counsel’s decision to not object to Morgan presenting all of the forensic evidence. Ackley, 497 Mich at 389. VI.

People of Michigan v. Gary Alan Countryman

Michigan Court of Appeals · Mar 14, 2024

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). … But evidence about the White Lake house established that the people there were partying.

Mary Bland v. Hurley Medical Center

Michigan Court of Appeals · Aug 13, 2020

Plaintiffs argued that defendant “clearly promised” to provide retirees with unmodifiable lifetime healthcare benefits through various documents, including through the 1999 Exempt Employee Handbook and city handbooks. … The trial court denied defendant’s motion for summary disposition as to plaintiff George because he had a separation agreement that qualified as a contract.

People of Michigan v. Clinton Rayshawn Grayson

Michigan Court of Appeals · Mar 23, 2017

In determining whether an error was harmless, this Court often considers whether the evidence establishing the defendant’s guilt was overwhelming. … Jury instructions must clearly present the case and the applicable law to the jury.

Sherry Phillips v. Grand Rapids Housing Commission

Michigan Court of Appeals · Dec 21, 2023

In its dispositive motion, GRHC argued Phillips failed to establish that GRHC breached the lease. … A finding is clearly erroneous when we are definitely and firmly convinced the trial court made a mistake. Hardrick, 294 Mich App at 660.

People of Michigan v. Deonte Kinwan McCoy

Michigan Court of Appeals · Oct 1, 2019

A finding is clearly erroneous when the reviewing court is left with a definite and firm conviction that a mistake has been made. People v Miller, 482 Mich 540, 544; 759 NW2d 850 (2008). … violation was remedied in Lockridge by making the guidelines advisory, not by eliminating judicial fact-finding. 3 We note, however, that the court’s instructions were broad enough to encompass a shotgun, which also qualifies

People of Michigan v. Thomas Galnarez Gonzalez

Michigan Court of Appeals · Dec 3, 2019

The victim’s sense of being unsafe, her anxiety about leaving her home alone, and her feeling of having been violated are all qualifying psychological injuries that can be considered when assessing OV 4. … Therefore, defendant has failed to establish plain error affecting his substantial rights. See Carines, 460 Mich at 763.

People of Michigan v. Loren Troueze Robinson

Michigan Court of Appeals · Feb 25, 2021

Nor is there evidence establishing who took Joshua’s cell phone, wallet, and glasses. … These facts were -6- clearly established by a preponderance of the evidence.

Michael Alan Schwartz v. Sara Oltarz-Schwartz

Michigan Court of Appeals · Sep 22, 2016

As a result, it cannot be used to establish that the trial court clearly erred in making its factual findings regarding the pet bills. … STANDARD OF REVIEW We review “for clear error a trial court’s factual findings on . . . whether a particular asset qualifies as marital or separate property.”

People of Michigan v. Teron Darnell Johnson

Michigan Court of Appeals · Nov 22, 2022

Because this opinion was based on his specialized experience, he should have been qualified as an expert beforehand under MRE 702. … “It is well established in Michigan law that evidence of flight is admissible.” People v Coleman, 210 Mich App 1, 4; 532 NW2d 885 (1995).

Red D Freight v. Steven a Sexton

Michigan Court of Appeals · Oct 24, 2017

plaintiff and Sexton entered into a broker/agent agreement where Sexton agreed, as an independent contractor, to supervise the servicing of plaintiff’s accounts, to solicit and obtain new business for plaintiff, and to obtain qualified … Unlike a preliminary injunction, where our Supreme Court has set forth a well- established four-factor test,2 the issuance of a TRO requires only that “it clearly appears from specific facts shown by affidavit or by a verified

Red D Freight v. Steven a Sexton

Michigan Court of Appeals · Oct 24, 2017

plaintiff and Sexton entered into a broker/agent agreement where Sexton agreed, as an independent contractor, to supervise the servicing of plaintiff’s accounts, to solicit and obtain new business for plaintiff, and to obtain qualified … Unlike a preliminary injunction, where our Supreme Court has set forth a well- established four-factor test,2 the issuance of a TRO requires only that “it clearly appears from specific facts shown by affidavit or by a verified

People of Michigan v. Shaun Moore

Michigan Court of Appeals · Feb 15, 2018

recall if the child presented with any external injuries, but testified that a lack of external injury is not uncommon if the “whole mechanism” is violent shaking or involves impact against a soft surface. 1 The court qualified … We recognize, as defendant asserts, that there was clearly a lengthy period between the child’s injuries and her death, that the child had a fever during the evening before she stopped breathing, and that the autopsy report

in Re Basso Estate

Michigan Court of Appeals · May 30, 2019

“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.” … “A person is not qualified to serve as a personal representative if the person is either under the age of 18 or is a person whom the court finds unsuitable in formal proceedings.” MCL 700.3204(3).

Frankenmuth Mutual Insurance Company v. Maipf

Michigan Court of Appeals · Aug 10, 2023

It was clearly a temporary living space. … Therefore, a domicile is not established when someone changes residences for a temporary purpose.

People of Michigan v. Hubert Martin Marshall

Michigan Court of Appeals · Oct 22, 2020

When read in context, the court was clearly referring to what the attorneys’ arguments were and not its own ruling or opinion on the case. … This is clearly a predatory crime.

People of Michigan v. Adrian Ryanen Swain

Michigan Court of Appeals · May 23, 2024

The trial court ruled that the prosecution could admit evidence of other break-ins to establish identity and the presence of a common plan or scheme. … Anything short of immediately confessing and pleading guilty would seem to qualify as interfering or attempting to interfere with the 2 Deweerd is a Michigan Supreme Court order rather than an opinion.

People of Michigan v. Shaun Moore

Michigan Court of Appeals · Feb 15, 2018

recall if the child presented with any external injuries, but testified that a lack of external injury is not uncommon if the “whole mechanism” is violent shaking or involves impact against a soft surface. 1 The court qualified … We recognize, as defendant asserts, that there was clearly a lengthy period between the child’s injuries and her death, that the child had a fever during the evening before she stopped breathing, and that the autopsy report

Kirk Scott Pedersen v. Meijer Stores Inc

Michigan Court of Appeals · Aug 3, 2017

Meijer further asserts that it is not qualified to make these decisions because it did not create the product and it “does not, and feasibly cannot, know of the scientific, technical or medical information regarding a product … Meijer also argues that even if the negligence theory is viable, plaintiff cannot establish causation.