Case law

People of Michigan v. Sean Philip Dailey

Michigan Court of Appeals · Apr 20, 2017

The Court, citing MRE 704, stated that “[i]t is . . . well-established that expert opinion testimony will not be excluded simply because it concerns the ultimate issue.” … However, an examining physician, if qualified by experience and training relative to treatment of sexual assault victims, can give an opinion with respect to whether a complainant had been sexually assaulted when the opinion

Mark McHenry v. Farm Bureau General Insurance Company of Michigan

Michigan Court of Appeals · May 23, 2024

Regarding the fourth Poet factor, Farm Bureau has not established that Juror 1 was objectionable. … For these reasons, McHenry cannot establish that applying the new version of the court rule would work an injustice.

People of Michigan v. Julie Ann Zimmerman

Michigan Court of Appeals · Mar 10, 2026

Defendant never denied this phone activity, and underestimating the amount of time that she actually possessed her phone by nine minutes after she used the qualifier “probably” does not establish an intentional lie amounting … Defendant bears the burden of establishing prejudice. Id.

in Re Application of Consumers Energy Company to Increase Rates

Michigan Court of Appeals · Jun 21, 2018

The criteria to be met in order to qualify for intervention has been recognized in Drake v Detroit Edison Co, 453 F Supp 1123, 1127 (WD Mich, 1978)1: In order to have standing to bring any action a plaintiff … Except as otherwise provided by this section, the utility shall comply with the code of conduct established by the commission under subsection (4).

Estate of Stephen Stiles v. Nasim Yacob Md

Michigan Court of Appeals · Jun 13, 2017

To establish a medical malpractice claim in Michigan, however, a plaintiff must establish four elements: (1) the appropriate standard of care governing the defendant’s conduct at the time of the purported negligence … The language adopted by the Legislature clearly allows an action to be brought within two years after letters of authority are issued to the personal representative.

Estate of Stephen Stiles v. Nasim Yacob Md

Michigan Court of Appeals · Jun 13, 2017

To establish a medical malpractice claim in Michigan, however, a plaintiff must establish four elements: (1) the appropriate standard of care governing the defendant’s conduct at the time of the purported negligence … The language adopted by the Legislature clearly allows an action to be brought within two years after letters of authority are issued to the personal representative.

People of Michigan v. Steven Lee Krygowski

Michigan Court of Appeals · Jul 21, 2016

Accordingly, the trial court clearly abused its discretion in admitting it. Improper admission of evidence under MRE 404(b) does not necessarily warrant relief. … That treatment remains unrequested, however, does not eliminate the OV’s concurrent requirement that the victim’s psychological injury qualify as “serious” enough to merit professional intervention.

People of Michigan v. Matthew Ryan McBee

Michigan Court of Appeals · May 9, 2017

The prosecution’s rebuttal witness, Sarah Visger Killips, was qualified as an expert in forensic interviewing, the dynamics of sexual abuse, and characteristics of children who allege sexual abuse. … Questions of constitutional law are generally reviewed de novo.49 “Statutes are presumed to be constitutional, and the courts have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent

People of Michigan v. Matthew Ryan McBee

Michigan Court of Appeals · May 9, 2017

The prosecution’s rebuttal witness, Sarah Visger Killips, was qualified as an expert in forensic interviewing, the dynamics of sexual abuse, and characteristics of children who allege sexual abuse. … Questions of constitutional law are generally reviewed de novo.49 “Statutes are presumed to be constitutional, and the courts have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent

People of Michigan v. Houston Henry Charlton III

Michigan Court of Appeals · Nov 10, 2016

See Bugh v Mitchell, 329 F3d 496, 512 (CA 6, 2003) (“There is no clearly established Supreme Court precedent which holds that a state violates due process by permitting propensity evidence in the form of other bad acts evidence … The prior acts presented by the prosecution at trial occurred within the past 10 years and qualify as acts of domestic violence.

People of Michigan v. Dwuan Tamaul Parkman

Michigan Court of Appeals · Jun 4, 2020

Parkman is familiar with that establishment. He’s familiar with the, um, the hotel. … On the contrary, the record evidence establishes that Juror #1 reported no meaningful recall of the pretrial publicity.

People of Michigan v. Jessica Lynn Morris

Michigan Court of Appeals · Aug 12, 2021

Rachael Starr, an intelligence analyst at the Michigan Intelligence Operations Center, was qualified as an expert witness in the analysis and mapping of cellular records, and she testified regarding defendant’s cell phone … 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).

People of Michigan v. Jessica Lynn Morris

Michigan Court of Appeals · Aug 12, 2021

Rachael Starr, an intelligence analyst at the Michigan Intelligence Operations Center, was qualified as an expert witness in the analysis and mapping of cellular records, and she testified regarding defendant’s cell phone … 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).

Hubbell Foley Properties LLC v. Williams & Williams II LLC

Michigan Court of Appeals · Oct 28, 2014

On February 22, 2012, the trial court entered an order requiring Dan’s Excavating to “promptly hire, at its expense, a qualified consultant or qualified consultants for the purpose of preparing a plan to address odors, erosion … “A finding is clearly erroneous where, after reviewing the entire record, this Court is left with a definite and firm conviction that a mistake has been made.” Id.

People of Michigan v. Demargio Dierre Greer

Michigan Court of Appeals · Mar 28, 2019

Factual findings are considered to be “clearly erroneous if the reviewing court is left with a definite and firm conviction that the trial court made a mistake.” Id. (quotation marks and citation omitted). … “[T]o qualify as a ‘domestic relationship,’ there must be a familial or cohabiting relationship” in place between two individuals. People v Jamison, 292 Mich App 440, 447; 807 NW2d 427 (2011).

Laurel Neff v. Chapel Hill Condominium Association

Michigan Court of Appeals · Jan 14, 2021

The bondsman responded by informing plaintiff that she did not qualify. Chapel Hill and Mixer moved to dismiss on the basis that plaintiff had failed to abide by the order requiring that security be posted. … Consequently, plaintiff did not meet her burden of establishing that she could not afford the bond. See.

People of Michigan v. Hugh Harrison Bak

Michigan Court of Appeals · Nov 29, 2018

Although trial counsel initially indicated that he had no objection to the use of JG’s testimony in ZC’s case, he later objected to its use, arguing that the incidents were too dissimilar to qualify for admission. … Nonetheless, it is unnecessary to find that ZC was unavailable under MRE 804(a)(5) because she was clearly unavailable under MRE 804(a)(2).9 Given the trial court’s order to testify and ZC’s refusal to do so, she was unavailable

People of Michigan v. Antoine Lee Scott

Michigan Court of Appeals · Jul 11, 2019

Finally, the prosecution introduced the testimony of Michigan State Police Lieutenant Brian Bergeron, whom the trial court qualified as an expert in “[f]irearms and tool mark identification.” … The trial court did not clearly err in finding that Scott’s belated request was untimely despite that it was made before the jury was impaneled, because it was motivated by a desire for delay.

People of Michigan v. Hunter William Locke-Hughes

Michigan Court of Appeals · Jun 24, 2026

Terrance had a weak immune system. He would get congestion that would turn into pneumonia or RSV. Terrance also had some heart issues, but these were not as significant as his other medical needs. … “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.” Id.

Wood Kull Herschfus Obee & Kull Pc v. Knightsbridge Charities Inc

Michigan Court of Appeals · Mar 21, 2024

But plaintiffs have not established a resulting prejudice. … Under these circumstances, plaintiffs have not established prejudice requiring a new trial.