Case law

People of Michigan v. Joshua Michael Rosebush

Michigan Court of Appeals · Jan 20, 2022

The trial court’s factual finding that it was defendant who initiated the subsequent conversation with the police, after the initial invocation of the right to counsel, was not clearly erroneous in light of the evidence presented … Presumably, he is referring to the fact that that statute states that a person, to be qualified as a juror, must “[n]ot have been convicted of a felony.” MCL 600.1307a(1)(e).

People of Michigan v. John Butsinas

Michigan Court of Appeals · Jan 23, 2018

And a related event also supplies sufficient circumstantial evidence to qualify as witness intimidation. … The trial court’s role is to clearly present the case to the jury and to instruct it on the applicable law.

People of Michigan v. John Butsinas

Michigan Court of Appeals · Jan 23, 2018

And a related event also supplies sufficient circumstantial evidence to qualify as witness intimidation. … The trial court’s role is to clearly present the case to the jury and to instruct it on the applicable law.

People of Michigan v. Anthony Joseph Veach

Michigan Court of Appeals · Oct 15, 2019

The victim’s statements related to defendant’s alleged sexual abuse, which qualifies as a startling event. … Therefore, defendant cannot establish ineffective assistance of counsel on this basis.

James a Smail v. Mercedes-Benz USA LLC

Michigan Court of Appeals · Jul 24, 2018

Indeed, the barrier was clearly visible from the pictures in the record. … “[A] person who qualifies under the third-party-beneficiary statute gains the right to sue to enforce the contract.” Shay v Aldrich, 487 Mich 648, 666; 790 NW2d 629 (2010).

James a Smail v. Mercedes-Benz USA LLC

Michigan Court of Appeals · Jul 24, 2018

Indeed, the barrier was clearly visible from the pictures in the record. … “[A] person who qualifies under the third-party-beneficiary statute gains the right to sue to enforce the contract.” Shay v Aldrich, 487 Mich 648, 666; 790 NW2d 629 (2010).

People of Michigan v. Christopher Ray Weissert

Michigan Court of Appeals · Jun 22, 2023

The trial court acknowledged that there clearly were some typographical errors in the amended information. … But defendant simply cannot establish any prejudice resulting from the instruction.

Kojaian Management Corp and Affiliates v. Department of Treasury

Michigan Court of Appeals · Dec 17, 2019

If the nonmoving party fails to establish the existence of a genuine issue of material fact, the trial court must enter judgment for the moving party. Id. at 537. … “The Legislature is presumed to intend the meaning clearly expressed, and this Court must give effect to the plain, ordinary, or generally accepted meaning of the Legislature’s terms.”

Lia Rain Jensen v. Todd Calvin Jensen

Michigan Court of Appeals · Jan 9, 2018

VALUE OF ROSEWOOD HOME Plaintiff argues that the trial court clearly erred when it found that the Rosewood home had not increased in value. … The evidence that defendant actually paid $420,000 for the property was relevant and admissible to establish the property’s fair market value of $420,000 on that date.

Lia Rain Jensen v. Todd Calvin Jensen

Michigan Court of Appeals · Jan 9, 2018

VALUE OF ROSEWOOD HOME Plaintiff argues that the trial court clearly erred when it found that the Rosewood home had not increased in value. … The evidence that defendant actually paid $420,000 for the property was relevant and admissible to establish the property’s fair market value of $420,000 on that date.

People of Michigan v. George Ardell Alexander

Michigan Court of Appeals · Jul 14, 2016

established that defendant did, in fact, speak with the police. … The trial court’s role is to clearly present the case to the jury and to instruct it on the applicable law.

People of Michigan v. Marshawn James Curtis

Michigan Court of Appeals · Mar 19, 2026

BACKGROUND AND FACTS Trial testimony established that the incident at issue occurred in the early hours of March 26, 2012. … “The language of MCL 768.27b clearly indicates that trial courts have discretion ‘to admit relevant evidence of other domestic [or sexual] assaults to prove any issue, even the character of the accused, if the evidence meets

People of Michigan v. Dale Anthony Sherrill

Michigan Court of Appeals · Jun 15, 2023

“A finding of fact is clearly erroneous if, after a review of the entire record, an appellate court is left with a definite and firm conviction that a mistake has been made.” … This Court held that, because jurors have rights to safety and privacy, the public only has a qualified right to access juror names and addresses. Id. at 630.

People of Michigan v. Taylor Storm Breining

Michigan Court of Appeals · Jun 2, 2022

The third incident 5 The prosecution provided Puhr with an immunity agreement regarding any potential criminal charges arising from the possession, transportation, or attempted distribution of controlled substances to … Although Cross recognized that joinder can prejudice a defendant who wishes to testify on one count while remaining silent on another charge, Cross did not establish a bright-line rule that any cursory assertion of a desire

People of Michigan v. Larry David Smith

Michigan Court of Appeals · Oct 9, 2018

If a trial court determines that recognized scientific, technical, or other specialized knowledge will assist the jury in understanding evidence or determining a fact in issue, a witness qualified as an expert may testify … Further, even if the prosecution’s statements did leave the jury with the impression that defendant, not Bilyeu, was the principal in the Indiana burglary, Bilyeu testified clearly and unequivocally that he committed the

People of Michigan v. Giandre Roosevelt Burns

Michigan Court of Appeals · Sep 24, 2015

Also, the questions pertaining to whether Johnson was able to see some of the events clearly because she was strapping a child into a car seat sound more like cross-examination than a balanced inquiry into the facts. … work in tandem with the judge’s questioning of the defendant’s expert witness, which focused on the fact that defendant’s expert was an assistant medical examiner, thereby implying that the prosecution’s expert was more qualified

Richard Finch Jr v. Russell Keith Gewin

Michigan Court of Appeals · Oct 5, 2023

Lloyd’s of London primarily argues that plaintiff’s deposition testimony concerning his representations to the UIA qualified as testimony “voluntarily” offered before another body because plaintiff is the party who initiated … In short, plaintiff fails to establish a genuine issue of material fact as to whether he was a constructive owner of the van. 16 Under MCL 257.35a, “ ‘[o]perate’ or ‘operating’ means” either “[b]eing in actual physical

D Estate of Patricia Benigni v. Samir Alsawah Md

Michigan Court of Appeals · Sep 8, 2022

And even if the affidavit is considered, it did not establish that Patricia’s lost opportunity to survive was greater than 50%. … A review of plaintiff’s complaint clearly shows that this suit was pled as a loss-of-opportunity case. Plaintiff did not allege that Dr.

People of Michigan v. Jasmine Gordon

Michigan Court of Appeals · Apr 27, 2017

Their records established that Jamila was severely developmentally delayed. … The elements of involuntary manslaughter were adequately established. [Id. at 624.

People of Michigan v. Jasmine Gordon

Michigan Court of Appeals · Apr 27, 2017

Their records established that Jamila was severely developmentally delayed. … The elements of involuntary manslaughter were adequately established. [Id. at 624.