Custody Dispute Ends Up in Eavesdropping Conviction
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute.
In re Miller Minors
The Michigan Court of Appeals issued the very first decision (published or unpublished) under the Safe Delivery of Newborn Law (SDNL), which has existed since 2000.
Sufficiency of Plea in Juvenile Cases
A defendant must understand their plea before it can be entered in front of the court. With juveniles, MCR 3.941(C) says “the court shall tell the juvenile: the possible dispositions.”
Definition of “Removed” Controls Use of MIFPA Protections
Two minor children, and their mother are members of the Sault Ste. Marie Tribe of Chippewa Indians and thus, when “removed” from the mother, MIFPA was applied.
When are Trust Assets Countable for Medicaid Eligibility?
Mary Ann Hegadorn, Dorothy Lollar and Roselyn Ford began receiving long-term care at nursing homes. Within a short time after receiving care, their spouses established SBO trusts.
Medical Marihuana Meets Child Welfare and Termination of Parental Rights
In the matter of In re B. Hadd, Minor, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals.
It Pays to Check Your Math
Discharged attorneys may obtain a charging lien, which “is an equitable right to have the fees and costs due for services secured out of the judgment or recovery in a particular suit.”
COA Examines Need for Evidentiary Hearing in Child Threshold Case
In D’itri v Bollinger, the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.
Court of Appeals Hold that Adoption is Moot After Order of Filiation Entered
In In re LMB, the Court of Appeals held that entry of an order of filiation while an adoption appeal was pending mooted the adoption appeal.
Remand for a Different Jurist due to Repeated Procedural Error
For the second time and on identical issues, the matter of In re Jones, Minors, came before the COA on the father’s appeal of a circuit court order terminating his parental rights.
Court of Appeals Addresses Standard and Burden of Proof for Removal of an Incapacitated Adult's Guardian
EPIC deals with, among other things, the appointment of guardians for incapacitated individuals. EPIC provides a list of people who can be appointed as a ward’s guardian.
Can the Proceeds of a Life Insurance Policy be Subject to Garnishment?
A writ of garnishment, upheld by the lower court following a motion to quash, was reversed and remanded by the COA in DC Mex Holdings LLC v Affordable Land LLC, due to trial court error.
A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court
At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
International Custody Dispute Over Infant Children
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent.
Divorce Appeal Impacts Enforceability of Judgments for Noncontractual Money Obligations
In O’Leary, the parties’ JOD required the marital home to be sold and “the indebtedness or profit shall be shared equally.” The husband finally sold the home 6 years later for a loss.
Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal
The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.