Prosecutor’s Misstatement Did Not Deny Parents A Fair Adjudication Trial
The respondents in this termination of parental rights case were not denied a fair trial or effective assistance of counsel, the Michigan Court of Appeals has ruled.
State Agency Did Not Act Arbitrarily In Denying Consent To Adopt Child
The Superintendent of the Michigan Children’s Institute did not arbitrarily deny consent for the petitioners to adopt a child for whom they had served as foster parents.
Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.
Continuing Treatment Petition Valid Despite Noncompliance With Statute
The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.
Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.
Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.
Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan
A trial court improperly held that it did not have jurisdiction over a petition for a waiver of parental consent to an abortion, the Michigan Court of Appeals has ruled in a published order.
COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.
Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional
Sentencing juvenile defendants to life without parole for first-degree murder is “cruel or unusual punishment” in violation of the state Constitution, a divided Michigan Supreme Court has ruled.
MSC: State Law Prohibits Discrimination Based On Sexual Orientation
Michigan’s civil rights law prohibits discrimination based on sexual orientation, the Michigan Supreme Court has ruled for the first time.
Facebook ‘Tagging’ Violated PPO: Not Constitutionally Protected Speech
The trial court properly held the defendant in criminal contempt for violating a personal protection order (PPO) because he “tagged” the plaintiff in a Facebook post.
Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence
The trial court committed clear legal error by failing to hold a live hearing where the plaintiff would have the right to present evidence, subject to certain restrictions permitted by the court rules.
Divorced Mother Not Required To Split Child’s SSI Benefits With Ex-Husband
A divorced mother was improperly ordered to direct half of her developmentally disabled child’s government benefits to her ex-husband, who is the child’s father.
Law Firm’s Deposit Of Two-Party Insurance Checks Is “Conversion”
A Grosse Pointe law firm engaged in statutory conversion by depositing two-party checks into its Interest on Lawyers Trust Account (IOLTA).
MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes
A widow who filed for divorce more than one year before her husband’s death qualifies as his surviving spouse for inheritance purposes, the Michigan Supreme Court has ruled.
Defendant’s Properly Convicted Of Violating PPO, Constitutional Claims Tossed
There was sufficient evidence to uphold the defendant’s convictions for violating a personal protection order (PPO) that had been issued against him.