Case law

Jack Estes v. Daniel Richard Green

Michigan Court of Appeals · Jul 5, 2018

Zydbek, the plaintiff was not eligible to be on the roadway and that he was thus determined to be at fault. 2 2 While the parties and Sergeant Zydbek refer to plaintiff’s vehicle as a homemade minibike, it appears to qualify … “A litigant’s mere pledge to establish an issue of fact at trial cannot survive summary disposition under MCR 2.116(C)(10).” Id.

People of Michigan v. Terrance Demon-Jordan Thomas Jr

Michigan Court of Appeals · Sep 13, 2016

This fact was clearly relevant, as it helped establish how defendants acquired the vehicle, which was then used in the shooting. There was evidence that Holmes was a member of the same gang as defendants. … Clearly, the trial court did instruct the jury regarding the need for an agreement to commit the underlying crime.

Jack Estes v. Daniel Richard Green

Michigan Court of Appeals · Jul 5, 2018

Zydbek, the plaintiff was not eligible to be on the roadway and that he was thus determined to be at fault. 2 2 While the parties and Sergeant Zydbek refer to plaintiff’s vehicle as a homemade minibike, it appears to qualify … “A litigant’s mere pledge to establish an issue of fact at trial cannot survive summary disposition under MCR 2.116(C)(10).” Id.

People of Michigan v. Eric Dean Wodkowski

Michigan Court of Appeals · Mar 15, 2018

With respect to the latter argument, the record clearly reveals that both the 2014 search of the premises and the 2016 search of the premises began after a signed search warrant was obtained. … Defendant argues that the officer does not qualify as a “victim” under the Crime Victim’s Rights Act, MCL 780.51 et seq., and therefore, had no right to address the court at sentencing.

People of Michigan v. Michael Anthony Warner

Michigan Court of Appeals · Jun 13, 2019

Thus, Warner has failed to establish plain error on this ground. … Furthermore, the evidence very clearly established that it was DW1, and not Warner, that threatened Horne, and there was no suggestion that DW1 was acting at Warner’s behest or with his consent.

People of Michigan v. Jose Angelcandelari Pena

Michigan Court of Appeals · Apr 23, 2019

Defendant notes that the prosecutor “was clearly confounded” by TPM’s testimony that defendant only touched her buttocks. … Thus, the jury could have reasonably inferred that defendant intentionally touched TPM’s buttocks, and that his touching of TPM qualified as sexual contact, because defendant not only got into TPM’s bed and touched her buttocks

Brendan Kreft v. Trey Michael Ridgway

Michigan Court of Appeals · Aug 31, 2023

They won some tournaments and even qualified for a state regional tournament. … Clearly, plaintiff argued, the “ability to use one’s back or lungs are important body functions.”

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. Stanley William Harrison

Michigan Court of Appeals · Sep 22, 2016

These factors, coupled with the children’s young age and brutal nature of their mother’s murder, qualify these statements as excited utterances as well. … Thus, the 911 call was clearly an excited utterance and nontestimonial in nature, and we see no reason to address such an argument any further. B.

In Re Vivian Stolaruk Living Trust

Michigan Court of Appeals · Apr 4, 2024

A factual finding is clearly erroneous when this Court is left with a definite and firm conviction that a mistake has been made.” … appointing the available assets -8- to the three classes of permissible beneficiaries, namely, Vivian’s descendants, persons who were married to Vivian’s descendants, and qualified

People of Michigan v. Michael Jeffrey Johnson

Michigan Court of Appeals · Jun 18, 2019

Miller and Montgomery clearly apply to juveniles sentenced to life in prison without the possibility of parole. … “Notwithstanding, the Legislature has clearly imposed certain statutory restrictions on the Board’s exercise of its discretion.” In re Elias, 294 Mich App at 521-522.

Isha Simpson v. Ameriprise Insurance Company

Michigan Court of Appeals · Nov 12, 2020

Therefore, plaintiffs do not dispute that IDS qualified for the recovery of case evaluation sanctions. … Simpson and Terry used Simpson’s address because Simpson lived in Redford, and they hoped to secure a lower premium -11- by avoiding rates charged in Detroit, and was not clearly

Carol Petra Bartosiewicz v. A2q LLC

Michigan Court of Appeals · Mar 17, 2020

“Summary disposition on the basis of subrule (C)(8) should be granted only when the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right of recovery.” … While, as discussed, those representations did not qualify as a membership vote, viewed in the light most favorable to Bartosiewicz, there is at least a question of fact regarding whether they were fraudulent misrepresentations

People of Michigan v. Robert George Fuller

Michigan Court of Appeals · Feb 22, 2018

A finding is clearly erroneous if “the reviewing court is left with a definite and firm conviction that a mistake has been made.” Lopez, 305 Mich App at 693 (quotation marks and citation omitted). … Because the evidence established that police officers acted lawfully, defendant cannot establish plain error. Id. IV.

Paul Tinney v. Widdis Inc

Michigan Court of Appeals · Nov 3, 2016

“A fraudulent concealment claim cannot be established unless the plaintiff proves some affirmative act or misrepresentation on the part of the defendant which is designed to prevent subsequent discovery.” … Even assuming that defendants’ actions otherwise qualified, MCL 600.5885 would still not toll the period of limitations.

People of Michigan v. Craig Richard Pakosz

Michigan Court of Appeals · Jul 28, 2022

A finding is clearly erroneous if this Court is “left with a definite and firm conviction that the trial court made a mistake.” … However, the two were clearly residing together in the apartment on the date when the strangulation occurred.

People of Michigan v. Robert George Fuller

Michigan Court of Appeals · Feb 22, 2018

A finding is clearly erroneous if “the reviewing court is left with a definite and firm conviction that a mistake has been made.” Lopez, 305 Mich App at 693 (quotation marks and citation omitted). … Because the evidence established that police officers acted lawfully, defendant cannot establish plain error. Id. IV.

People of Michigan v. Troy Lee Wright

Michigan Court of Appeals · Mar 24, 2022

To establish the element of adequate provocation, it is not enough that the defendant was subjectively provoked— the provocation must be such that it “would cause the reasonable person to lose control.” … People v Crawford, 458 Mich 376, 388-390; 582 NW2d 785 (1998) The first component is clearly satisfied here—whether defendant was adequately provoked was a fact of consequence in dispute.

People of Michigan v. Lujuan Carl McCants

Michigan Court of Appeals · Jul 17, 2018

The prosecution also argued that publication of defendant’s photograph in the newspaper was not a state action, and therefore, did not qualify as an unduly suggestive pretrial identification procedure, and that even if it … “A decision is clearly erroneous when the reviewing court is left with a definite and firm conviction that a mistake has been made.” Id.

People of Michigan v. Lujuan Carl McCants

Michigan Court of Appeals · Jul 17, 2018

The prosecution also argued that publication of defendant’s photograph in the newspaper was not a state action, and therefore, did not qualify as an unduly suggestive pretrial identification procedure, and that even if it … “A decision is clearly erroneous when the reviewing court is left with a definite and firm conviction that a mistake has been made.” Id.