Michigan Case Commentaries

“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167

Date: May 10, 2025

“As‑Is” Disclaimers Do Not Shift the Risk of Unknown Title Nonexistence: Mutual Mistake and Rescission After Condominium Reversion under MCL 559.167 Introduction In Soho Land Development, Inc. v....

Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants

Date: May 10, 2025

Clarifying the “Compelling Reason” Standard for Psychological Examinations of Complainants 1. Introduction In People of the State of Michigan v. Jason Lee Fedewa (Sup. Ct. Mich., May 9, 2025), the...

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus

Date: May 10, 2025

No Clarification of the “Compelling Reason” Standard to Compel Complainant Psychological Exams; Cavanagh, C.J., Dissent Urges Doctor-Recommended MMPI as Adequate Nexus Introduction This commentary...

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition

Date: May 10, 2025

As-Is Clauses and Mutual Mistake in Property Settlements: Title vs. Physical Condition Introduction In Soho Land Development, Inc. v. Oakland County Treasurer, Michigan Supreme Court No. 168022 (May...

No larceny-by-conversion for contractor deposits absent specific earmarking or trust: People v. Clinton (Mich. 2025)

Date: May 8, 2025

No larceny-by-conversion for contractor deposits absent specific earmarking or trust: People v. Clinton (Mich. 2025) Introduction In People of the State of Michigan v. Christopher Robert Clinton, the...

Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles

Date: May 8, 2025

Clarification of Larceny by Conversion in Construction Deposits: Title and Possession Principles Introduction This commentary examines the Michigan Supreme Court’s decision in People of the State of...

Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702

Date: May 3, 2025

Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...

Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Date: May 3, 2025

Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...

Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)

Date: May 3, 2025

Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)...

Del Cid: Concurring Opinion Signals No Per Se Admissibility of CSAAS‑Type Testimony Under MRE 702

Date: May 3, 2025

Del Cid: Concurring Opinion Signals No Per Se Admissibility of CSAAS‑Type Testimony Under MRE 702 Introduction In People of the State of Michigan v. Juan Jose Del Cid, the Michigan Supreme Court...

Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Date: Apr 15, 2025

Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act 1. Introduction This commentary examines the Supreme Court of Michigan’s decision in James Stefanski v. Saginaw...

Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Date: Apr 15, 2025

Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b) 1. Introduction In In re D. V. Lange, Minor (Mich 2025), the Michigan Supreme Court resolved a...

Extension of Parks: Individualized Sentencing Required Before LWOP for 19- and 20-Year-Old First-Degree Murderers

Date: Apr 11, 2025

Extension of Parks: Individualized Sentencing Required Before LWOP for 19- and 20-Year-Old First-Degree Murderers Introduction This commentary examines the Michigan Supreme Court’s April 10, 2025...

Extension of Proportionality Protections: Individualized LWOP Sentencing for 19- and 20-Year-Old First-Degree Murder Offenders

Date: Apr 11, 2025

Extension of Proportionality Protections: Individualized LWOP Sentencing for 19- and 20-Year-Old First-Degree Murder Offenders Introduction In People of Michigan v. Montario Marquise Taylor and...

Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants

Date: Apr 11, 2025

Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants Introduction In People v Taylor and People v Czarnecki, the Michigan Supreme...

Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers

Date: Apr 11, 2025

Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers Introduction The cases People v. Czarnecki (Docket No. 166654) and People v. Taylor (Docket No....

No Garnishment for Insurer Bad-Faith Claims: Michigan Supreme Court Confines Garnishment to MCR 3.101(G)(1) and Disapproves Rutter v King

Date: Apr 5, 2025

No Garnishment for Insurer Bad-Faith Claims: Michigan Supreme Court Confines Garnishment to MCR 3.101(G)(1) and Disapproves Rutter v King Introduction In Darnell Hairston v. Josh LKU, Zeeland Farm...

Liquidation Requirement for Garnishment: Bad-Faith Refusal to Settle Claims Cannot Be Garnisheed

Date: Apr 5, 2025

Liquidation Requirement for Garnishment: Bad-Faith Refusal to Settle Claims Cannot Be Garnisheed Introduction Hairston v. LKU, 166473 (Mich. 2025), presents a dispute over whether an unresolved claim...

Odor of Marijuana Is a Factor—but Not Probable Cause—for Vehicle Searches in Michigan: People v. Armstrong

Date: Apr 3, 2025

Odor of Marijuana Is a Factor—but Not Probable Cause—for Vehicle Searches in Michigan: People v. Armstrong Introduction In People of Michigan v. Jeffery Scott Armstrong, the Michigan Supreme Court...

No Retroactive Tolling of the One‑Year‑Back Rule: Michigan Supreme Court Limits MCL 500.3145(3) to PIP Claims Accruing After June 11, 2019

Date: Apr 2, 2025

No Retroactive Tolling of the One‑Year‑Back Rule: Michigan Supreme Court Limits MCL 500.3145(3) to PIP Claims Accruing After June 11, 2019 Case: Spine Specialists of Michigan, P.C. v. MemberSelect...