Case law

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

20250130_C364749_54_364749.Opn.Pdf

Michigan Court of Appeals · Jan 30, 2025

With respect to Coolidge’s breach-of-contract claim, the circuit court noted that SJI clearly violated the lease agreement by continuing to occupy the premises after the lease was terminated. … “A party asserting a breach of contract must establish that (1) there was a contract (2) which the other party breached (3) thereby resulting in damages to the party claiming the breach.”

People of Michigan v. Adrian Rodriguez

Michigan Court of Appeals · Jun 14, 2018

Both McTaggart and Deeg testified that a person riding in the SUV shot a gun into their vehicle, which is clearly an assault. Deeg was concerned for his safety as the SUV pulled next to them. … The Court stated that to qualify as predatory conduct, the conduct “must have occurred before the commission of the offense.” Id. at 160.

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. Leon Allen Lines

Michigan Court of Appeals · Jul 19, 2018

The evidence establishes that defendant engaged in predatory conduct before he sexually abused the victim; therefore, OV 10 was properly assessed 15 points. … Therefore, the trial court did not clearly err in finding that defendant’s conduct warranted a 15 point score for OV 10. Thus, defendant is not entitled to resentencing.

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. Raymond Donald Blanchong

Michigan Court of Appeals · Aug 12, 2021

A trial court’s finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made. People v Lopez, 305 Mich App 686, 693; 854 NW2d 205 (2014). … On appeal, defendant argues that the evidence presented at trial was too speculative to establish that a larceny occurred.

People of Michigan v. Leon Allen Lines

Michigan Court of Appeals · Jul 19, 2018

The evidence establishes that defendant engaged in predatory conduct before he sexually abused the victim; therefore, OV 10 was properly assessed 15 points. … Therefore, the trial court did not clearly err in finding that defendant’s conduct warranted a 15 point score for OV 10. Thus, defendant is not entitled to resentencing.

People of Michigan v. Raymond Donald Blanchong

Michigan Court of Appeals · Aug 12, 2021

A trial court’s finding is clearly erroneous if the reviewing court is left with a definite and firm conviction that a mistake has been made. People v Lopez, 305 Mich App 686, 693; 854 NW2d 205 (2014). … On appeal, defendant argues that the evidence presented at trial was too speculative to establish that a larceny occurred.

People of Michigan v. Frank Corridore

Michigan Court of Appeals · Jun 27, 2019

It appears that the trial court’s decision was based on the fact that the witnesses were unable to remember the incident clearly at the time of the Ginther hearing. Defendant again appealed. … Corridore thus also fails to establish that he was prejudiced by counsel’s failure to obtain the report. B.

People of Michigan v. Brandon James Dunmire

Michigan Court of Appeals · Oct 8, 2019

Moreover, given that the record contains overwhelming evidence of Dunmire’s guilt, we fail to see how he would be able to establish that his substantial rights were affected by his statements to Detective Twardesky being … A factual finding is clearly erroneous if it leaves the Court with a firm and definite conviction that a mistake was made. Steele, 292 Mich App at 313.

in Re Clark Estate

Michigan Court of Appeals · May 28, 2015

Again, Wykle received a letter from DCH dated December 28, 2012, which clearly informed him of DCH’s intent to recover money from Violet Clark’s estate for her nursing-home expenses. … The letter told Wykle that he could apply for a hardship waiver and explained how to do so.5 But Wykle—despite the fact that his mother’s estate almost certainly would have qualified for a hardship waiver—did not apply for

People of Michigan v. Golden G Higgwe

Michigan Court of Appeals · Apr 14, 2022

“When assessing the validity of a defendant’s waiver of the right to counsel, we review de novo the entire record to determine whether the trial court’s factual findings regarding the waiver were clearly erroneous.” … A “defendant bears a heavy burden of establishing his extraordinary financial circumstances.” Id.

People of Michigan v. Dominique Rashard Rountree

Michigan Court of Appeals · Aug 17, 2023

Rather, the trial court referred to breaking into a dwelling and entering a dwelling together, which it then followed with the qualifier “without permission.” … Defendant’s testimony clearly made these same assertions.

People of Michigan v. Bernard Peterson

Michigan Court of Appeals · Jul 25, 2024

However, the prosecution presented several witnesses, all qualified as experts in DNA analysis, whose cumulative testimony established that defendant’s DNA profile matched the DNA profile found in the fluids that were collected … At the June 20, 2019 pretrial hearing, trial counsel clearly stipulated that one DNA expert could testify by video technology.

Matthew Dye v. Esurance Property & Casualty Ins Co

Michigan Court of Appeals · Apr 4, 2017

Esurance simply asserts that Paul was an owner for purposes of MCL 500.3101(1).7 For purposes of determining whether a person is qualified to receive PIP benefits, unless reasonable minds could not differ, “[t]he … Thus, we do not believe that Barnes conflicts with Iqbal or establishes a new rule of law.

Matthew Dye v. Esurance Property & Casualty Ins Co

Michigan Court of Appeals · Apr 4, 2017

Esurance simply asserts that Paul was an owner for purposes of MCL 500.3101(1).7 For purposes of determining whether a person is qualified to receive PIP benefits, unless reasonable minds could not differ, “[t]he … Thus, we do not believe that Barnes conflicts with Iqbal or establishes a new rule of law.

People of Michigan v. David John Williams

Michigan Court of Appeals · Oct 29, 2020

he failed to establish a claim of prosecutorial misconduct. … Defendant asserts that the trial court’s findings concerning DT’s credibility were clearly erroneous.

in Re Jsm Grasty Minor

Michigan Court of Appeals · Nov 9, 2017

We review a circuit court’s factual finding that a statutory termination ground has been established for clear error. Rood, 483 Mich at 90-91. … However, the DHHS need only establish one ground to support termination and it supported two. As such, we discern no ground for reversal. IV.