Michigan Case Commentaries

Reliability of Expert Testimony in Medical Malpractice: Elher v. Misra

Date: Feb 9, 2016

Reliability of Expert Testimony in Medical Malpractice: Elher v. Misra Introduction Elher v. Misra (499 Mich. 11) is a pivotal case adjudicated by the Supreme Court of Michigan on February 8, 2016....

Supreme Court of Michigan Establishes Voidable Nature of Contracts with Unlicensed Builders in EPPS v. 4 Quarters Restoration LLC.

Date: Sep 29, 2015

Supreme Court of Michigan Establishes Voidable Nature of Contracts with Unlicensed Builders in EPPS v. 4 Quarters Restoration LLC. Introduction In the landmark case EPPS v. 4 Quarters Restoration...

Michigan Sentencing Guidelines Rendered Advisory Following People v. Lockridge

Date: Jul 30, 2015

Michigan Sentencing Guidelines Rendered Advisory Following People v. Lockridge Introduction The Supreme Court of Michigan, in People v. Lockridge (870 N.W.2d 502, 2015), addressed a critical...

Michigan Sentencing Guidelines Rendered Advisory Following Sixth Amendment Violation: People v. Lockridge

Date: Jul 30, 2015

Michigan Sentencing Guidelines Rendered Advisory Following Sixth Amendment Violation: People v. Lockridge Introduction In People v. Lockridge, the Supreme Court of Michigan addressed a pivotal...

No "Res Gestae" Exception to MRE 404(b) Established in People v. Jackson

Date: Jul 29, 2015

No "Res Gestae" Exception to MRE 404(b) Established in People v. Jackson Introduction People of the State of Michigan v. Timothy Ward Jackson is a seminal case decided by the Supreme Court of...

People v. Stevens: Establishing the Totality of Circumstances Standard for Judicial Partiality in Michigan

Date: Jul 24, 2015

People v. Stevens: Establishing the Totality of Circumstances Standard for Judicial Partiality in Michigan Introduction People v. Stevens, 498 Mich. 162 (2015), is a landmark decision by the Supreme...

People v. Cain: Limits on Appellate Relief for Unpreserved Juror Oath Errors

Date: Jul 24, 2015

People v. Cain: Limits on Appellate Relief for Unpreserved Juror Oath Errors Introduction People v. Cain, 498 Mich. 108, adjudicated by the Supreme Court of Michigan on July 23, 2015, addresses a...

People v. Miller: Establishing Double Jeopardy Protections in Multiple OWI Offenses

Date: Jul 21, 2015

People v. Miller: Establishing Double Jeopardy Protections in Multiple OWI Offenses Introduction People of the State of Michigan v. Joseph Miller is a landmark case decided by the Supreme Court of...

Establishing Duty of Defense Counsel to Secure Relevant Expert Testimony in Abusive Head Trauma Cases: People v. Ackley

Date: Jun 30, 2015

Establishing Duty of Defense Counsel to Secure Relevant Expert Testimony in Abusive Head Trauma Cases: People v. Ackley Introduction People v. Ackley (497 Mich. 381) is a landmark decision by the...

Statutory Conversion Requires Conversion to Defendant's Own Use: Analysis of Aroma Wines & Equipment, Inc v. Columbian Distribution Services, Inc.

Date: Jun 18, 2015

Statutory Conversion Requires Conversion to Defendant's Own Use: Analysis of Aroma Wines & Equipment, Inc. v. Columbian Distribution Services, Inc. Introduction The case of Aroma Wines & Equipment,...

Strict Compliance with Notice Requirements in Governmental Immunity Cases: Fairley v. Department of Corrections and Stone v. Michigan State Police

Date: Jun 6, 2015

Strict Compliance with Notice Requirements in Governmental Immunity Cases: Fairley v. Department of Corrections and Stone v. Michigan State Police Introduction In the landmark cases of Fairley v....

People v. Douglas: New Guidelines on Ineffective Assistance of Counsel and Evidentiary Errors in Child Sexual Abuse Proceedings

Date: Jul 12, 2014

People v. Douglas: New Guidelines on Ineffective Assistance of Counsel and Evidentiary Errors in Child Sexual Abuse Proceedings Introduction People v. Douglas, 852 N.W.2d 587, adjudicated by the...

Establishing Control over Ownership: Sholberg v. Truman and Public Nuisance Liability

Date: Jun 11, 2014

Establishing Control over Ownership: Sholberg v. Truman and Public Nuisance Liability Introduction The case of Sholberg v. Truman, adjudicated by the Supreme Court of Michigan on June 10, 2014,...

In re Sanders: Overruling the One-Parent Doctrine Under Due Process

Date: Jun 3, 2014

In re Sanders: Overruling the One-Parent Doctrine Under Due Process Introduction In re Sanders, 852 N.W.2d 524 (2014), is a landmark decision by the Supreme Court of Michigan that fundamentally...

Bonner v. City of Brighton: Balancing Property Rights and Public Safety in Municipal Demolition Ordinances

Date: Apr 25, 2014

Bonner v. City of Brighton: Balancing Property Rights and Public Safety in Municipal Demolition Ordinances Introduction Bonner v. City of Brighton is a significant case adjudicated by the Supreme...

Supreme Court of Michigan Establishes Precedent on Indemnification Clauses in Construction Contracts

Date: Apr 16, 2014

Supreme Court of Michigan Establishes Precedent on Indemnification Clauses in Construction Contracts Introduction In the case of Miller–Davis Company v. Ahrens Construction, Inc. (848 N.W.2d 95), the...

Reaffirmation of the Traditional Brady Test: People v. Chenault

Date: Apr 5, 2014

Reaffirmation of the Traditional Brady Test: People v. Chenault Introduction People v. Chenault, 845 N.W.2d 731 (Mich. 2014), is a significant case adjudicated by the Supreme Court of Michigan that...

Notice Requirements for Tax Appeal Period Commencement: Fradco, Inc. v. Department of Treasury

Date: Apr 2, 2014

Notice Requirements for Tax Appeal Period Commencement: Fradco, Inc. v. Department of Treasury Introduction In the landmark case of Fradco, Inc. v. Department of Treasury and SMK, LLC v. Department...

Termination of Parental Rights for Continued Risk Under MCL 712A.19b: In re WHITE

Date: Jan 17, 2014

Termination of Parental Rights for Continued Risk Under MCL 712A.19b: In re WHITE Introduction In re WHITE (846 N.W.2d 61) is a pivotal case adjudicated by the Court of Appeals of Michigan on January...

Recognition of Mental Infirmity in Child Witness Testimony: People v. Duncan Establishes New Precedent

Date: Jul 31, 2013

Recognition of Mental Infirmity in Child Witness Testimony: People v. Duncan Establishes New Precedent Introduction The Michigan Supreme Court, in People v. Duncan, addressed a critical issue...