Case law

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  • People of Michigan v. Thomas John Howard

    Michigan Court of Appeals · Feb 13, 2018

    Monday’s familiarity with Howard would likely have provided an adequate foundation to qualify her to make the identification. 43 Mahdi, 317 Mich App at 471-472; Perkins, 314 Mich App at 162-163. 44 People v Sardy … Howard has failed to establish any other errors. Accordingly, Howard has failed to establish that the cumulative effect of several errors denied him a fair trial.

    Cited 0 timesUnpublished
  • 20251106_C371046_34_371046.Opn.Pdf

    Michigan Court of Appeals · Nov 6, 2025

    The Supreme Court has declined to define what qualifies as “parked” under MCL 500.3106,11 but this Court has. … Those decisions involved vehicles temporarily stopped in traffic—not vehicles that were parked—and therefore fall outside the framework established in Miller, Heard, and Turner.

    Cited 0 timesUnpublished
  • People of Michigan v. Keith Irving Luesing

    Michigan Court of Appeals · Apr 20, 2017

    “A factual finding is clearly erroneous if it either lacks substantial evidence to sustain it, or if the reviewing court is left with the definite and firm conviction that the trial court made a mistake.” … (“[I]f the alibi is established, a perfect defense has been shown.

    Cited 0 timesUnpublished
  • Kevin Chreston v. Lake Huron Manor Association Inc

    Michigan Court of Appeals · Sep 1, 2022

    Regarding the swing set and tree, the trial court reasoned: It is not disputed that the swing set qualifies as a structure on the park property. … A factual finding is clearly erroneous if “this Court is left with a definite and firm conviction that a mistake has been made.”

    Cited 0 timesUnpublished
  • People of Michigan v. Thomas John Howard

    Michigan Court of Appeals · Feb 13, 2018

    Monday’s familiarity with Howard would likely have provided an adequate foundation to qualify her to make the identification. 43 Mahdi, 317 Mich App at 471-472; Perkins, 314 Mich App at 162-163. 44 People v Sardy … Howard has failed to establish any other errors. Accordingly, Howard has failed to establish that the cumulative effect of several errors denied him a fair trial.

    Cited 0 timesUnpublished
  • People of Michigan v. Frank James Horton

    Michigan Court of Appeals · Nov 16, 2017

    Even if we were to credit this version of events, plain error has not been established. … Preliminarily, many of these statements clearly do not qualify as hearsay because they do not involve an assertion offered to prove the truth of the matter asserted.

    Cited 0 timesUnpublished
  • People of Michigan v. Steven Joseph Lepper

    Michigan Court of Appeals · Dec 13, 2016

    What Lepper clearly does argue, however, is that because he was in custody, the police should have held a corporeal lineup rather than show West and Stanton photo arrays. … The police officer’s general question does not qualify as police interrogation because it was not reasonably calculated to elicit an incriminating response.

    Cited 0 timesUnpublished
  • People of Michigan v. Michael Craig Wicks

    Michigan Court of Appeals · Jul 26, 2018

    The questions posed by the 911 operator to the neighbor objectively indicated that the primary purpose of the inquiry was to enable police assistance to meet what was clearly an ongoing emergency. … Furthermore, the statements made by the neighbor during the 911 call qualified as present sense impressions and/or excited utterances for purposes of exceptions to the hearsay rule.

    Cited 0 timesUnpublished
  • In Re Howe Estate

    Michigan Court of Appeals · Mar 9, 2023

    A factual finding is clearly erroneous if this Court is left with a -4- definite and firm conviction that the court made a mistake, even if there is evidence to support … The remaining three entries comprise one hour of services, and it is not clear that these activities do not qualify as services performed in Rizik’s capacity as an attorney.

    Cited 0 timesUnpublished
  • Nicola Binns v. City of Detroit

    Michigan Court of Appeals · Nov 6, 2018

    The revenue to be derived from the charge is clearly in excess of the direct and indirect costs of actually using the storm water system over the next thirty years and, being thus disproportionate to the costs … Because the application of the first two Bolt criteria clearly demonstrates that the drainage charge is a proper user fee rather than a tax, the effectively compulsory nature of the drainage charge does not render the drainage

    Cited 0 timesUnpublished
  • People of Michigan v. Michael Eugene Foster

    Michigan Court of Appeals · Apr 20, 2017

    We are keenly aware of the Court’s use of the word solely as a qualifier on the court’s proscription to impose restitution; just as we are mindful of its clear intent that previous precedent “should be overruled to the extent … The plain reading of MCL 780.766(2) clearly provides that the court shall order “defendant make full restitution to any victim. . . .” (Emphasis added).

    Cited 0 timesPublished
  • People of Michigan v. Michael Craig Wicks

    Michigan Court of Appeals · Jul 26, 2018

    The questions posed by the 911 operator to the neighbor objectively indicated that the primary purpose of the inquiry was to enable police assistance to meet what was clearly an ongoing emergency. … Furthermore, the statements made by the neighbor during the 911 call qualified as present sense impressions and/or excited utterances for purposes of exceptions to the hearsay rule.

    Cited 0 timesUnpublished
  • People of Michigan v. Kennie Carnail Whitby

    Michigan Court of Appeals · Dec 28, 2017

    “A finding of fact is clearly erroneous if, after a review of 1 People v Walker, 374 Mich 331; 132 NW2d 87 (1965). … must establish three things.

    Cited 0 timesUnpublished
  • People of Michigan v. Kennie Carnail Whitby

    Michigan Court of Appeals · Dec 28, 2017

    “A finding of fact is clearly erroneous if, after a review of 1 People v Walker, 374 Mich 331; 132 NW2d 87 (1965). … must establish three things.

    Cited 0 timesUnpublished
  • Deutsche Bank National Trust Company v. Andrew Hargreaves

    Michigan Court of Appeals · Jan 30, 2020

    Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Road Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999). … The trial court correctly discerned that Hargreaves’s claims lacked merit as a matter of law because his claim to quiet title was clearly unenforceable.

    Cited 0 timesUnpublished
  • People of Michigan v. Tyler Maliek Allen

    Michigan Court of Appeals · May 14, 2020

    Telephone location data established that Allen and Smith were both in the same area in Detroit less than two hours after the crimes were committed. … STANDARD OF REVIEW “A trial court’s decision to admit identification evidence will not be reversed unless it is clearly erroneous.” Blevins, 314 Mich App at 348.

    Cited 0 timesUnpublished
  • People of Michigan v. Terrelle Disean Tilles

    Michigan Court of Appeals · Mar 19, 2025

    At trial, the prosecutor clearly stated that the jurors could convict defendant on the basis of either penetration. … But the order clearly stated that Dr. Miller was only appointed to evaluate the victim’s competency. The limited nature of Dr.

    Cited 0 timesUnpublished
  • Steven R Gentry v. Charter Township of Clinton

    Michigan Court of Appeals · Mar 30, 2023

    less clearly to the proper uses which may be made of the funds once collected. … Further, whenever a litigant meets the requirements of MCR 2.605, it is sufficient to establish standing to seek a declaratory judgment.

    Cited 0 timesUnpublished
  • People of Michigan v. Paul Michael Jones

    Michigan Court of Appeals · Feb 9, 2017

    Further, the statement does not qualify as hearsay under MRE 801(c). … Moreover, Paul has failed to establish that counsel’s decision not to renew the motion to change venue was strategically ineffective.

    Cited 0 timesUnpublished
  • William E Marcus Trust v. Chad Apap

    Michigan Court of Appeals · Apr 28, 2022

    Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999). … The record clearly established that periods of nonuse and permissive use prevented the owners of either 515 or 523 from adversely possessing the 9-foot strip.

    Cited 0 timesUnpublished

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