Michigan Case Commentaries

Timely Notices Toll Statute of Limitations: BUSH v. SHABAHANG Establishes Key Precedent

Date: Jul 30, 2009

Timely Notices Toll Statute of Limitations: BUSH v. SHABAHANG Establishes Key Precedent Introduction BUSH v. SHABAHANG is a landmark decision by the Supreme Court of Michigan, rendered on July 29,...

Enhancing Sixth Amendment Protections: Confrontation Clause and Hearsay DNA Evidence in People v. Payne

Date: Jul 29, 2009

Enhancing Sixth Amendment Protections: Confrontation Clause and Hearsay DNA Evidence in People of the State of Michigan v. Scott Gordon Payne Introduction People of the State of Michigan v. Scott...

Offense-Specific Scoring in Sentencing Guidelines: Analysis of PEOPLE v. McGRAW

Date: Jul 29, 2009

Offense-Specific Scoring in Sentencing Guidelines: Analysis of PEOPLE v. McGRAW Introduction PEOPLE v. McGRAW (484 Mich. 120), decided by the Supreme Court of Michigan on July 28, 2009, addresses a...

Enhanced Local Authority to Regulate Workplace Smoking: Upholding Public Health and Employment Law Exceptions

Date: Jul 22, 2009

Enhanced Local Authority to Regulate Workplace Smoking: Upholding Public Health and Employment Law Exceptions Introduction In the landmark case of McNEIL v Charlevoix County (484 Mich. 69), the...

Supreme Court of Michigan Overrules Dunbar: No Pre-Sentence Ability-to-Pay Requirement for Attorney Fees

Date: Jul 11, 2009

Supreme Court of Michigan Overrules Dunbar: No Pre-Sentence Ability-to-Pay Requirement for Attorney Fees Introduction People v. Jackson, 769 N.W.2d 630, decided on July 10, 2009, by the Supreme Court...

Protecting Noncustodial Parents' Due Process Rights in Termination Proceedings: Analysis of In re Rood

Date: Apr 3, 2009

Protecting Noncustodial Parents' Due Process Rights in Termination Proceedings: Analysis of In re Rood Introduction The case of In re Rood, decided by the Supreme Court of Michigan on April 2, 2009,...

Actual Prejudice Requirement in Juror Misconduct: Insights from PEOPLE OF THE STATE OF MICHIGAN v. MICHAEL ALLEN MILLER

Date: Dec 31, 2008

Actual Prejudice Requirement in Juror Misconduct: Insights from PEOPLE OF THE STATE OF MICHIGAN v. MICHAEL ALLEN MILLER Introduction PEOPLE OF THE STATE OF MICHIGAN v. MICHAEL ALLEN MILLER, 759...

Clarification of Governmental Employee Immunity for Intentional Torts: Application of the Ross Test

Date: Dec 31, 2008

Clarification of Governmental Employee Immunity for Intentional Torts: Application of the Ross Test Introduction The case of Amanda Jean Odom v. Wayne County and City of Detroit, et al. adjudicated...

Michigan Court of Appeals Establishes Clear Standards for Termination of Parental Rights

Date: Sep 24, 2008

Michigan Court of Appeals Establishes Clear Standards for Termination of Parental Rights Introduction The case of In the Matter of Alicia Danielle Utrera, Minor represents a pivotal decision by the...

Limits on Sentencing Departures: Smith v. Michigan and the Requirement for Justifying Departure Extent

Date: Aug 1, 2008

Limits on Sentencing Departures: Smith v. Michigan and the Requirement for Justifying Departure Extent Introduction People of the State of Michigan v. Gary Thomas Smith, 754 N.W.2d 284 (Mich. 2008),...

Michigan Supreme Court Overrules Stoudemire and Preuss: Each Prior Felony Counts Individually Under Habitual Offender Statutes

Date: Jul 24, 2008

Michigan Supreme Court Overrules Stoudemire and Preuss: Each Prior Felony Counts Individually Under Habitual Offender Statutes Introduction Case Title: People of the State of Michigan v. Caprese D....

Respectful Consideration Without Judicial Abdication: Reaffirming Boyer-Campbell in Rovas v. SBC Michigan

Date: Jul 24, 2008

Respectful Consideration Without Judicial Abdication: Reaffirming Boyer-Campbell in Rovas v. SBC Michigan Introduction Rovas v. SBC Michigan, 754 N.W.2d 259 (Mich. 2008), adjudicated by the Supreme...

Establishing Original Injury Location in Tort Venue: Dimmitt Owens Financial, Inc. v. Deloitte Touche

Date: Jul 10, 2008

Establishing Original Injury Location in Tort Venue: Dimmitt Owens Financial, Inc. v. Deloitte Touche Introduction In the landmark case of Dimmitt Owens Financial, Inc., and JMM Noteholder...

UFTA Applies to Property Transfers in Divorce Judgments: Michigan Supreme Court Sets New Precedent

Date: Jul 3, 2008

UFTA Applies to Property Transfers in Divorce Judgments: Michigan Supreme Court Sets New Precedent Introduction In the landmark case Jan Kay Estes v. Estate of Douglas Duane Estes, decided by the...

Michigan Supreme Court Reinforces Strict Requirements for Notice of Intent in Medical Malpractice Actions

Date: Jul 3, 2008

Michigan Supreme Court Reinforces Strict Requirements for Notice of Intent in Medical Malpractice Actions Introduction In the landmark case of Melissa Boodt v. Borgess Medical Center et al., decided...

Clarifying Reasonable Attorney Fees: Smith v. Khouri Establishes Structured Approach for Case-Evaluation Sanctions

Date: Jul 3, 2008

Clarifying Reasonable Attorney Fees: Smith v. Khouri Establishes Structured Approach for Case-Evaluation Sanctions Introduction In the landmark case of Kevin Smith v. Louie Khouri, 481 Mich. 519...

Exclusion of Recanting Statements in Murder Conviction: People v. Blackston

Date: Jun 26, 2008

Exclusion of Recanting Statements in Murder Conviction: People v. Blackston Introduction In the landmark case of People of the State of Michigan v. Junior Fred Blackston, decided by the Supreme Court...

Landlord's Duty to Maintain Common Areas: Snow and Ice Accumulation Under MCL 554.139

Date: Jun 26, 2008

Landlord's Duty to Maintain Common Areas: Snow and Ice Accumulation Under MCL 554.139 Introduction In Irving Allison v. AEW Capital Management, L.L.P., d/b/a Sutton Place Apartments, decided by the...

Tolling of Statute of Limitations under the Servicemembers Civil Relief Act: Insights from Walters v. Nadell

Date: Jun 26, 2008

Tolling of Statute of Limitations under the Servicemembers Civil Relief Act: Insights from Walters v. Nadell Introduction In the landmark case Robert Walters v. Nathan Nadell, adjudicated by the...

Michigan Supreme Court Overrules Wilder: Dual Convictions Under Double Jeopardy Permissible When Offenses Have Distinct Elements

Date: Jun 12, 2008

Michigan Supreme Court Overrules Wilder: Dual Convictions Under Double Jeopardy Permissible When Offenses Have Distinct Elements Introduction In the landmark case of People of the State of Michigan...