Court Of Appeals Reaffirms That Defendants May Reject Probation
The 2-1 published decision in Bensch upholds the rule first set forth in People v Peterson, 62 Mich App 258 (1975), allowing criminal defendants to reject probation for jail time.
U.S. District Court Rules that Michigan Gerrymandering Scheme was Unconstitutional
According to the Michigan Constitution, congressional districts must be redrawn every ten years based on the state census results and by using what is called “Apol criteria”.
Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied
The Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.
Injunction Properly Issued to Prevent Transfer of Protected Individual
The probate court properly issued a permanent injunction to prevent the Lenawee Community Mental Health Authority from transferring a protected individual to another facility.
Woman’s Daughters - Not Husband - Were Properly Appointed As Co-Conservators
A probate court did not err in appointing the daughters of a woman with Alzheimer’s disease and dementia as her co-conservators rather than appointing her husband.
Elderly Woman Not Mentally Deficient: Conservator Wrongly Appointed
A probate court should not have appointed a conservator for a 74-year-old woman who suffered some minor memory problems and math difficulties.
Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility
In Hegadorn v Dep’t of Human Services Director, the SCT reversed and remanded the MI COA decision that said SBO trust assets are automatically countable for Medicaid eligibility.
Probate Court Didn’t Use Proper Legal Standard When Appointing Guardian
Unless the Probate Court finds that an elderly woman’s son cannot provide for her care, custody and control, the son should be appointed her permanent guardian.
Unambiguous Contracts Prevail Over Spousal Support Guidelines
The Court of Appeals found that the parties’ unambiguous consent judgment of divorce demonstrated their intent to only modify spousal support.
Child Custody Act Misinterpreted, Father’s Change Of Domicile Motion Wrongly Denied
The trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved to IN.
Motion To Change Domicile Vacated Because Established Custodial Environment Not Considered
The trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment.
Mother’s Motion To Relocate Child To Pakistan Was Properly Denied
A trial court correctly rejected a mother’s motion to change the domicile of the parties’ minor child to Pakistan because Pakistan is not a party to the Hague Convention.
MRPC 1.5(e) Does Not Require Referring Attorneys to Have an Attorney-Client Relationship to Earn Referral Fees, According to the Michigan Court of Appeals
When law firms enter into referral agreements, the client must be advised of & not object to the division of fees, but the client need not have an attorney-client relationship with the referring firm.
Trial Court Wrongly Refused Additional Evidence, New Custody Hearing Required
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development.
Trial Court Did Not Address Relative Placement: Termination of Parental Rights Vacated
The termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative.
Michigan Supreme Court to Decide Whether to Include Non-Mandatory Reporters of Child Abuse in Statutory Scheme of Criminal Penalties for Making a False Report
The COA held that the defendant was neither a mandatory reporter of child abuse nor did she make the report of child abuse herself, she was still criminally liable for the false report.