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MSC Rules Evidentiary Hearing Needed To Decide If Plea Was Voluntary
Friday, July 12, 2024

When a court record raises a question of fact regarding the voluntariness of a plea agreement, a trial court must hold an evidentiary hearing to consider the totality of circumstances before it can be determined a plea was indeed involuntary, the Michigan Supreme Court ruled Friday in a 5-2 decision.

High Court Reverses Denial Of Expert Funding For Indigent Defendant
Thursday, July 11, 2024

An indigent defendant facing trial – who had reasonable probability that his proposed expert would aid his defense but lacked funding to secure such an expert – had a fundamentally unfair proceeding because the court would not fund the expert, the Michigan Supreme Court ruled Thursday in a 5-2 decision.

Condo Owners Can Sue Condo Associations For Premises Liability
Thursday, July 11, 2024

A condominium association responsible for maintaining common areas can be sued for premises liability by an owner in the condominium complex, the Supreme Court ruled Thursday.

High Court Agrees That Nassar Limitations Extension Is Not Retroactive
Wednesday, July 10, 2024

A law passed in the wake of the Larry Nassar scandal extending the statute of limitations for child victims of sexual abuse to sue for damages is not retroactive and addressed only future claims, a split Michigan Supreme Court ruled Wednesday in a unanimous decision.

High Court: Scientific Literature Helps, But Not Required From Experts
Monday, July 8, 2024

Scientific literature is not always required to support an expert witness' standard of care opinion in malpractice lawsuits, but scientific literature is one of the factors that a trial court should consider when determining if the opinion relayed is reliable, a split Supreme Court ruled Monday.

High Court Reverses Fleeing, Eluding Convictions On Lack Of Evidence
Friday, July 5, 2024

Stops by police that include even the most cursory of warrantless seizures must be justified by objectively reasonable, and particularized, suspicion of criminal activity, the Michigan Supreme Court ruled in a 5-2 decision issued Friday.

High Court Justices Ask: 'What Makes An Administrative Rule?'
Tuesday, June 18, 2024

The question of whether the Department of State should have promulgated official rules for poll watcher guidance published in 2022 to be enforceable, or if labeling that guidance as "instruction" was sufficient, was before the Michigan Supreme Court for oral arguments in a special session held Monday.

MIGOP Makes It Official: DePerno Joins Race For Supreme Court
Thursday, June 13, 2024

Matt DePerno, an attorney who in recent years has become a magnet for both admiration among Republican grassroots delegates and scorn among the state's Democrats, is seeking a partial term on the Michigan Supreme Court.

Supreme Court Issues Split Decision In Far-Right Activist Robocall Case
Thursday, June 13, 2024

Although the Court of Appeals erred when it said far-right activists Jack Burkman's and Jacob Wohl's robocall activity fell under "menace" in Michigan Election Law, it did correctly rule that their conduct fell within "other corrupt means or device," the Michigan Supreme Court ruled in a 5-2 ruling issued Thursday.

High Court Reverses COA In Parenting-Time, Custodial Environment Case
Tuesday, June 11, 2024

A question of whether a parenting-time provision modifies a child's established custodial environment is to be answered on the basis of the circumstances that exist at the time a trial court renders its custody decision, and appellate courts have a statutory obligation under the Child Custody Act to affirm trial court determinations.

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