Case law

People of Michigan v. John Andres Castillo

Michigan Court of Appeals · Mar 21, 2024

The charged offense and the other acts all qualify as listed offenses against a minor. See MCL 768.27a(2). … Therefore, defendant has not established a claim of ineffective assistance of counsel for failure to object to the prosecutor’s remarks. IV.

People of Michigan v. Brian Omar Haywood

Michigan Court of Appeals · Dec 3, 2019

“A finding is clearly erroneous if, after reviewing the entire record, an appellate court is left with a definite and firm conviction that a mistake has been made.” … Because defendant’s offense does not qualify as a major offense under the statute, defendant’s statements were not required to be recorded. IV. DESTRUCTION OF EVIDENCE A.

Nathaniel E Chapman v. Zaki Jamil Alawi

Michigan Court of Appeals · Jan 18, 2018

the waiver is clearly stated and the consumer has specifically consented to it. … Clearly, Hopper believed that 1129 S. State was an appellant in the case. He filed his brief, listing that party as an appellant.

in Re L Fouty Minor

Michigan Court of Appeals · Jun 15, 2017

As noted, the evidence relating to LF’s mother’s psychological evaluation was highly probative in establishing the risk of harm presented to LF when respondent left him in her care. … “It is well established that the trial court has a duty to control trial proceedings in the courtroom and has wide discretion and power in fulfilling that duty.”

in Re L Fouty Minor

Michigan Court of Appeals · Jun 15, 2017

As noted, the evidence relating to LF’s mother’s psychological evaluation was highly probative in establishing the risk of harm presented to LF when respondent left him in her care. … “It is well established that the trial court has a duty to control trial proceedings in the courtroom and has wide discretion and power in fulfilling that duty.”

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.

Nathaniel E Chapman v. Zaki Jamil Alawi

Michigan Court of Appeals · Jan 18, 2018

the waiver is clearly stated and the consumer has specifically consented to it. … Clearly, Hopper believed that 1129 S. State was an appellant in the case. He filed his brief, listing that party as an appellant.

People of Michigan v. Randy James Mahaffey

Michigan Court of Appeals · Dec 26, 2019

Therefore, Mahaffey cannot establish that he was denied a fair trial. … Second, Jones has not established a reasonable probability that an expert would have been of assistance to establish whether and where Mahaffey’s DNA was on the gun.

People of Michigan v. Davario Terrell Lipsey

Michigan Court of Appeals · May 11, 2017

Therefore, he fails to establish plain error. … MEDICAL TESTIMONY Defendant maintains that the trial court clearly erred by excluding scientific expert testimony from the doctor who treated the child victim in the emergency department. We disagree.

People of Michigan v. Davario Terrell Lipsey

Michigan Court of Appeals · May 11, 2017

Therefore, he fails to establish plain error. … MEDICAL TESTIMONY Defendant maintains that the trial court clearly erred by excluding scientific expert testimony from the doctor who treated the child victim in the emergency department. We disagree.

Michigan Association of Home Builders v. City of Troy

Michigan Court of Appeals · Sep 28, 2017

The enforcing agency shall collect the fees established under this subsection. … “[T]he purpose of the construction code act is not to protect the public against harm by establishing construction standards and an inspection regime, but merely to establish the authority of the director of the . . .

Michigan Association of Home Builders v. City of Troy

Michigan Court of Appeals · Sep 28, 2017

The enforcing agency shall collect the fees established under this subsection. … “[T]he purpose of the construction code act is not to protect the public against harm by establishing construction standards and an inspection regime, but merely to establish the authority of the director of the . . .

People of Michigan v. Walter Lee Hardy

Michigan Court of Appeals · Nov 15, 2018

However, the Confrontation Clause does not bar the use of out-of-court testimonial statements for purposes other than establishing the truth of the matter asserted. … At issue is whether the trial court clearly erred in accepting the stated reason and, as Register argues, failed to appreciate that it was mere pretext for the prosecution’s ultimate goal to exclude black jurors.

Janice a Moses v. James O'Neill

Michigan Court of Appeals · Oct 25, 2016

Such a “directive is clearly inconsistent with the well-established principles of legal interpretation as stated above and is thus incorrect.” Little II, 468 Mich at 700 n 2. … Thus, in an adverse possession case, for a party to establish possession by “clear and cogent evidence,” the evidence must clearly establish the fact of possession and there must be little doubt left

Jason Reineke v. Grand Trunk Western Railroad Company

Michigan Court of Appeals · Jan 25, 2018

-6-  We further note that with respect to causation, the jury clearly determined that plaintiff’s own negligence contributed to his injuries. … “Such a motion should be granted only if the evidence viewed in this light fails to establish a claim as a matter of law.” Id. at 89 (internal quotation marks omitted).

Richard M Battani Jr v. Almont Township

Michigan Court of Appeals · Dec 21, 2023

The second story of the subject property house which has a floor, electric wiring, windows, and insulation with full access to a permanent stairway does not qualify as an attic by the building code. … Consistent with Tax Tribunal Rule 792.10287(1),10 the hearing notice clearly instructed the parties to submit all documents in support of their contentions at least 21 days before the hearing.

People of Michigan v. Michael Dwayne Carver

Michigan Court of Appeals · Aug 29, 2017

There was also evidence that she was willing to answer a question to which she clearly did not know the answer. … A finding is clearly erroneous if we are left with the definite and firm conviction that the trial court made a mistake. Id. at 20-21.

People of Michigan v. Michael Dwayne Carver

Michigan Court of Appeals · Aug 29, 2017

There was also evidence that she was willing to answer a question to which she clearly did not know the answer. … A finding is clearly erroneous if we are left with the definite and firm conviction that the trial court made a mistake. Id. at 20-21.

P Kathy Placido v. Abdelkader Hawasli Md

Michigan Court of Appeals · Jun 1, 2023

Plaintiff submitted that an intentional act did not qualify as medical malpractice. Thus, she claimed there were material factual issues regarding negligence and gross negligence for the jury to determine. … Lim is clearly an independent contractor because Henry Ford did not control the manner or method used by on-call doctors, like Dr. Lim, to diagnose or treat their patients.

P Kathy Placido v. Abdelkader Hawasli Md

Michigan Court of Appeals · Jun 1, 2023

Plaintiff submitted that an intentional act did not qualify as medical malpractice. Thus, she claimed there were material factual issues regarding negligence and gross negligence for the jury to determine. … Lim is clearly an independent contractor because Henry Ford did not control the manner or method used by on-call doctors, like Dr. Lim, to diagnose or treat their patients.