Case law

People of Michigan v. Terry Terrell Clark

Michigan Court of Appeals · Jun 20, 2017

There are two primary requirements for an out-of-court statement to qualify under the excited utterance exception: (1) a startling event must have occurred, and (2) the resulting statement must have been made while the declarant … Defendant has failed to establish that he was denied a fair trial based on this statement. See Bennett, 290 Mich App at 475.

People of Michigan v. Terrance Anthony Furline

Michigan Court of Appeals · Jul 3, 2018

That was a race- neutral reason clearly based on the statements Fowlkes made in court. … Detective Biniecki testified from the position of a layperson because he was not offered by the plaintiff, nor qualified by the court, as an expert.

Augusta Charter Township v. Shafiq Kasham

Michigan Court of Appeals · Jun 27, 2024

But in any case, plaintiff argued, to qualify as a farming operation, the farm products involved need to be produced on the property. … A court may grant the motion only if the claim is “so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.”

People of Michigan v. Jake Douglas-Adam Rauch

Michigan Court of Appeals · Dec 19, 2019

Also, the statement did not “clearly” demonstrate advocacy or partiality for or against a party. Stevens, 498 Mich at 171 & n 3. … A finding is clearly erroneous when the reviewing court is left with a definite and firm conviction that a mistake has been made.

Outfront Media LLC v. City of Grand Rapids

Michigan Court of Appeals · Aug 11, 2022

This standard regarding the substantial evidence test is the same as the familiar clearly erroneous standard. … The term “sign” is clearly a general or generic term.

People of Michigan v. Kimani Jamal Stoudemire

Michigan Court of Appeals · Jan 5, 2017

“The trial court’s decision to admit identification evidence will not be reversed unless it is clearly erroneous.” People v Harris, 261 Mich App 44, 51; 680 NW2d 17 (2004). … Stoudemire’s statements qualified for admission under the hearsay exception for statements against interest, MRE 804(b)(3),1 because the statements tended to subject Stoudemire to criminal liability and was made under circumstances

People of Michigan v. Alain Fraser Klingbail

Michigan Court of Appeals · Jul 25, 2017

Defendant was also informed he qualified for boot camp. But Ferguson reached out to defendant and, as quoted above, promised him a better result based on Ferguson’s erroneous interpretation of MCL 750.110a(2). … COUNSEL’S DEFICIENCY WAS PREJUDICIAL Defendant was clearly prejudiced by counsel’s deficiencies.

People of Michigan v. Tyrone Kennedy

Michigan Court of Appeals · May 23, 2024

Considering all this, Wilson admitting that he and a third person, whom he did not identify, committed the conviction offenses—and that defendant did not—would not qualify his confession as new evidence. … Kovera’s opinion testimony establishes that she “focus[ed] upon the conditions surrounding that event” and relied on those circumstances “to show how an event occurred.” Lopez, 224 Mich App at 628 n 13.

People of Michigan v. Alain Fraser Klingbail

Michigan Court of Appeals · Jul 25, 2017

Defendant was also informed he qualified for boot camp. But Ferguson reached out to defendant and, as quoted above, promised him a better result based on Ferguson’s erroneous interpretation of MCL 750.110a(2). … COUNSEL’S DEFICIENCY WAS PREJUDICIAL Defendant was clearly prejudiced by counsel’s deficiencies.

People of Michigan v. Emmanuel Jerome Beverly

Michigan Court of Appeals · Nov 1, 2016

Therefore, the trial court did not clearly err by declaring the victim unavailable under MRE 804(a)(2). … Given the record in this case, the trial court’s finding of unavailability under MRE 804(a)(4) was likewise not clearly erroneous.

International Tennis Corp v. City of Southfield

Michigan Court of Appeals · Jun 18, 2019

that a tribunal judge must possess specific training in order to meaningfully evaluate testimony from a MAI designated appraiser. 3 Again, we reject petitioner’s baseless claim that the tribunal judge was personally not qualified … Yet, the tribunal very clearly stated that it considered but gave no weight to the parties’ sales-comparison approaches to value.

Katharine Marie Sprague v. Robert Franklin Houston Bray

Michigan Court of Appeals · Sep 27, 2016

Michigan was EB’s “home state” when the child-custody proceeding was commenced, the Lapeer Circuit Court had jurisdiction to make an 4 Plaintiff’s complaint for child support was filed on April 7, 2014, before Michigan qualified … “Under the great weight standard, the trial court’s factual determinations will be affirmed unless the evidence clearly preponderates in the other direction.”

20231214_C368615_67_368615.Opn.Pdf

Michigan Court of Appeals · Dec 14, 2023

Trump (“Trump”) to be placed on the ballot by defendant, the Wayne County Election Commission (“Commission”), and the resulting improper dilution of votes to other qualified candidates if emergency declaratory relief was … This Court first held that the questions posed were clearly advisory. Id. at 378.

People of Michigan v. Emmanuel Jerome Beverly

Michigan Court of Appeals · Sep 20, 2016

Therefore, the trial court did not clearly err by declaring the victim unavailable under MRE 804(a)(2). … Given the record in this case, the trial court’s finding of unavailability under MRE 804(a)(4) was likewise not clearly erroneous.

People of Michigan v. Yusef Lateef Phillips

Michigan Court of Appeals · May 19, 2022

A finding of fact is clearly erroneous if we are left with a definite and firm conviction that the trial court made a mistake. People v Franklin, 500 Mich 92, 100; 894 NW2d 561 (2019). … See Kazmierczak, 461 Mich at 421 (the odor of contraband alone, if smelled by a qualified person, can be sufficient to justify a finding of probable cause).

Estate of Bimla Nayyar v. Oakwood Healthcare Inc

Michigan Court of Appeals · May 14, 2020

The February 19, 2013 order therefore constituted a final ruling on the merits and is immune from collateral attack. … To be clearly erroneous, a decision must strike us as more than just maybe or probably wrong; it must be dead wrong.” City Pub Serv Bd v General Elec Co, 935 F2d 78, 82-83 (CA 5, 1991) (cleaned up).

in Re Attorney Fees of Michael Skinner

Michigan Court of Appeals · Jul 25, 2019

The prosecution established its case with the assistance of a certified “Medical Examiner Investigator,” Rosey Ross. Ross is not a physician. … “A decision -6- qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm

People of Michigan v. Charles Jacob Simkins

Michigan Court of Appeals · Mar 21, 2017

-4- right to present a defense is not an unconditional right and a defendant must still conform to the “established rules of procedure and evidence designed to assure … Accordingly, the trial court clearly erred in assessing 15 points under OV 5.

People of Michigan v. Charles Jacob Simkins

Michigan Court of Appeals · Mar 21, 2017

-4- right to present a defense is not an unconditional right and a defendant must still conform to the “established rules of procedure and evidence designed to assure … Accordingly, the trial court clearly erred in assessing 15 points under OV 5.

People of Michigan v. Donald Maurice Porter

Michigan Court of Appeals · Jul 19, 2018

Ordinary negligence is insufficient to establish involuntary manslaughter. Id. at 590 n 4. Instead, the death must result from gross negligence. Id. … The prosecutor prepared to impeach Jones with the video from his interrogation, in which he clearly stated at the time of the interrogation that he was not drunk.