Michigan Supreme Court Decisions 2012

Michigan v. Trakhtenberg (Opinion - Leave Granted)  
Date: December 21, 2012
Docket Number: 143386

Justia Opinion Summary: Jacob Trakhtenberg was convicted of three counts of second-degree criminal sexual conduct. The charges stemmed from allegations of sexual contact made by defendant's then 8-year-old daughter. The issue before the Supreme...

In re Mattison v. Social Security Comm. (Opinion on Application)  
Date: December 21, 2012
Docket Number: 144385

Justia Opinion Summary: Plaintiff Pamela Mattison, gave birth to twins who were conceived by artificial insemination after their father, Jeffery Mattison, had died. She sought social security survivors' benefits for the children based on Jeffer...

Michigan v. Minch (Opinion on Application)  
Date: December 21, 2012
Docket Number: 144631

Justia Opinion Summary: Defendant Kurtis Minch pled guilty to possessing a short-barreled shotgun and possessing a firearm during the commission of a felony. The issue before the Supreme Court in this case was whether Michigan's "felon in posse...

Kim v. J.P. Morgan Chase Bank, N.A. (Opinion - Leave Granted)  
Date: December 21, 2012
Docket Number: 144690

Justia Opinion Summary: The issue before the Supreme Court in this case was the manner in which defendant JPMorgan Chase Bank, N.A. (Chase), the successor in interest to Washington Mutual Bank (WaMu), acquired plaintiffs' mortgage. Plaintiffs'...

Michigan v. Zajaczkowski (Opinion - Leave Granted)  
Date: December 19, 2012
Docket Number: 143736

Justia Opinion Summary: The issue before the Supreme Court in this case was whether defendant was properly convicted of first degree criminal sexual assault under MCL 750.520b(1)(b)(ii), which requires that a defendant be related to the victim...

Michigan v. Bylsma (Opinion - Leave Granted)  
Date: December 19, 2012
Docket Number: 144120

Justia Opinion Summary: Defendant Ryan Bylsma, a registered primary caregiver under the Michigan Medical Marijuana Act (MMMA), was charged with manufacturing marijuana in violation of state law. Defendant moved to dismiss the charge, asserting...

PEOPLE OF MI V LARRY JERARD MACK (Opinion on Application)
Date: December 12, 2012
Docket Number: 143244
Protect Our Jobs v. Bd. of State Canvassers (Opinion)  
Date: September 5, 2012
Docket Number: 145748

Justia Opinion Summary: In four cases, each involving a ballot proposal to amend the Michigan Constitution, the issue before the Supreme Court was whether the groups proposing the amendments properly exercised their right to petition for consti...

CITIZENS FOR MORE MICHIGAN JOBS V SECRETARY OF STATE (Opinion)
Date: September 5, 2012
Docket Number: 145754
THE PEOPLE SHOULD DECIDE V BOARD OF STATE CANVASSERS (Opinion)
Date: September 5, 2012
Docket Number: 145755
Atkins v. Suburban Mobility Authority for Regional Transp. (Opinion)  
Date: August 20, 2012
Docket Number: 140401

Justia Opinion Summary: Plaintiff was a passenger on a bus operated by the Suburban Mobility Authority for Regional Transportation (SMART) when the bus was involved in an accident. Plaintiff filed an application for no-fault benefits with SMART...

McCahan v. Brennan (Opinion)  
Date: August 20, 2012
Docket Number: 142765

Justia Opinion Summary: Christina McCahan was injured in an automobile accident on the campus of the University of Michigan in 2007. The other driver, Samuel K. Brennan, was driving a car owned by the university and was on university business a...

Hill v. Sears, Roebuck & Co. (Opinion)  
Date: August 16, 2012
Docket Number: 143329

Justia Opinion Summary: Marcy Hill, Patricia Hill, and Christopher Hill brought an action against Sears, Roebuck & Co., Sears Logistic Services, Inc., Merchant Delivery, Inc., Exel Direct, Inc., Mark Pritchard, Timothy Dameron, and others, seek...

MARCY HILL V SEARS ROEBUCK & CO (Opinion)
Date: August 16, 2012
Docket Number: 143329
MARCY HILL V SEARS ROEBUCK & CO (Opinion)
Date: August 16, 2012
Docket Number: 143633
Michigan v. Brown (Opinion)  
Date: August 16, 2012
Docket Number: 143733

Justia Opinion Summary: Defendant Shawn Thomas Brown pled guilty to second-degree home invasion as a second-offense habitual offender. He was not informed by the court of his maximum possible sentence as an habitual offender before the plea was...

Stand Up for Democracy v. Mich. Sec'y of State (Opinion)  
Date: August 3, 2012
Docket Number: 145387

Justia Opinion Summary: Plaintiff Stand Up for Democracy petitioned the Supreme Court for a writ of mandamus to compel the Board of State Canvassers to certify its referendum petition for inclusion on the November 2012 ballot. Intervening defen...

Michigan v. Grissom (Opinion)  
Date: July 31, 2012
Docket Number: 140147

Justia Opinion Summary: The issue before the Supreme Court in this case was whether newly discovered impeachment evidence could constitute grounds for a new trial and, if so, under what circumstances. Defendant sought a retrial on the basis of...

Michigan v. Likine (Opinion)  
Date: July 31, 2012
Docket Numbers: 141154, 141181, 141513

Justia Opinion Summary: These three cases involved the felony of failure to pay court-ordered child support (felony nonsupport) under MCL 750.165 and the rule of "Michigan v. Adams." The Supreme Court granted leave to consider the constitutiona...

PEOPLE OF MI V MICHAEL JOSEPH PARKS (Opinion)
Date: July 31, 2012
Docket Number: 141181
PEOPLE OF MI V SCOTT BENNETT HARRIS (Opinion)
Date: July 31, 2012
Docket Number: 141513
Hoffner v. Lanctoe (Opinion)  
Date: July 31, 2012
Docket Number: 142267

Justia Opinion Summary: "Michigan, being above the 42nd parallel of north latitude, is prone to winter. . . . This case tests the extent of a premises owner's liability for [a] winter-related accident." In this case, plaintiff recognized the da...

Spectrum Health Hospitals v. Farm Bureau Mutual Ins. Co. of Michigan (Opinion)  
Date: July 31, 2012
Docket Numbers: 142874, 143330

Justia Opinion Summary: The Supreme Court granted leave in two cases to address the question whether a person injured while driving a motor vehicle that the person had taken contrary to the express prohibition of the owner may avail himself or...

Progressive Marathon Ins. Co. v. Spectrum Health Hospitals (Opinion)  
Date: July 31, 2012
Docket Numbers: 143330, 142874

Justia Opinion Summary: The Supreme Court granted leave in two cases to address the question whether a person injured while driving a motor vehicle that the person had taken contrary to the express prohibition of the owner may avail himself or...

In re Hon. Sylvia James (Opinion)  
Date: July 31, 2012
Docket Number: 143942

Justia Opinion Summary: The Judicial Tenure Commission (JTC) recommended that the Supreme Court remove Respondent 22nd District Court Judge Sylvia A. James from office for judicial misconduct. Judge James filed a petition asking the Court to re...

Michigan v. Kowalski (Opinion)  
Date: July 30, 2012
Docket Number: 141932

Justia Opinion Summary: The issue before the Supreme Court in this case was whether expert witness testimony regarding interrogation techniques and psychological factors claimed to generate false confessions was admissible under MRE 702 and MRE...

Johnson v. Recca (Opinion)  
Date: July 30, 2012
Docket Number: 143088

Justia Opinion Summary: In July 2004, while walking through a gas station parking lot, plaintiff was struck by a motor vehicle driven by defendant, who was insured by Allstate Property and Casualty Insurance Company. At the time, plaintiff live...

Price v. Kosmalski (Opinion)  
Date: July 30, 2012
Docket Number: 143123

Justia Opinion Summary: This case involved the issue of the priority of competing liens between a court-appointed receiver and the holder of a first-recorded mortgage on real property located in DeWitt, Michigan. The receiver, Thomas Woods, sou...

Douglas v. Allstate Insurance Co. (Opinion)  
Date: July 30, 2012
Docket Number: 143503

Justia Opinion Summary: The issues before the Supreme Court in this case was whether the services provided by plaintiff's wife constituted services "for an injured person's care," whether the Court of Appeals properly remanded this case to the...

Cedroni Associates, Inc. v. Tomblinson, Harburn Associates, Architects & Planners, Inc. (Opinion)  
Date: July 27, 2012
Docket Number: 142339

Justia Opinion Summary: Plaintiff Cedroni Associates, Inc. was the lowest bidder on a public contract. The issue before the Supreme Court was whether Plaintiff had a valid business expectancy for the purpose of sustaining a claim of tortious in...

Michigan v. Rapp (Opinion)  
Date: July 27, 2012
Docket Number: 143343

Justia Opinion Summary: The issue before the Supreme Court in this case was whether Michigan State University (MSU) Ordinance 15.05 is facially unconstitutional. This case arose from a parking citation that Defendant Jared Rapp received when hi...

Velez v. Tuma (Opinion)  
Date: July 23, 2012
Docket Number: 138952

Justia Opinion Summary: In this joint and several liability medical malpractice case, Defendant Dr. Martin Tuma sought a reduction of the final judgment rendered against him by the amount of his codefendants' settlement. The issue before the Su...

Michigan v. Nunley (Opinion)  
Date: July 12, 2012
Docket Number: 144036

Justia Opinion Summary: The issue before the Supreme Court was whether a Michigan Department of State (DOS) certificate of mailing is testimonial in nature, and whether its admission without accompanying witness testimony violated the Confronta...

Michigan v. Vaughn (Opinion)  
Date: July 9, 2012
Docket Number: 142627

Justia Opinion Summary: The issue before the Supreme Court was whether Defendant-Appellant Joseph Vaughn was entitled to a new trial because the circuit court closed the courtroom during voir dire in violation of defendant's constitutional righ...

Michigan v. Bryant (Opinion)  
Date: June 28, 2012
Docket Number: 141741

Justia Opinion Summary: This case presented the question of whether Defendant Ramon Bryant was denied his Sixth Amendment right to an impartial jury drawn from a fair cross section of the community. A fair-cross-section claim under the Sixth Am...

Titan Ins. Co. v. Hyten (Opinion)  
Date: June 15, 2012
Docket Number: 142774

Justia Opinion Summary: Defendant-Appellee McKinley Hyten obtained a provisional driver's license in April 2004. In January 2007, Defendant's driver's license was suspended because of multiple moving violations and two minor traffic accidents....

Michigan Properties, LLC v. Meridian Twp (Opinion)  
Date: June 14, 2012
Docket Numbers: 143087, 143086, 143085

Justia Opinion Summary: The issue in these consolidated cases involved interpretation of the General Property Tax Act. For this case, the Supreme Court addressed whether the tax assessor's failure to adjust the taxable value of a parcel of real...

Toll Northville Limited Partnership v. Township of Northville (Opinion)  
Date: June 14, 2012
Docket Number: 143281

Justia Opinion Summary: The issue in these consolidated cases involved interpretation of the General Property Tax Act. For this case, the Supreme Court addressed whether the Tax Tribunal has the authority to reduce an unconstitutional increase...

PEOPLE OF MI V LINCOLN ANDERSON WATKINS (Opinion)
Date: June 8, 2012
Docket Number: 142031
Michigan v. Pullen (Opinion)  
Date: June 8, 2012
Docket Numbers: 142751, 142031

Justia Opinion Summary: In two consolidated cases, the issue central to both involved MCL 768.27a(1). In relevant part, in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defen...

Johnson v. Pastoriza (Opinion)  
Date: June 5, 2012
Docket Number: 142127

Justia Opinion Summary: Plaintiff-Appellee Candice Johnson suffered a lost pregnancy at 20 weeks’ gestation, and on behalf of herself and the deceased fetus, Baby Johnson, sued Defendant-Appellant Rajan Pastoriza, M.D. and his professional corp...

Michigan v. Kolanek (Opinion)  
Date: May 31, 2012
Docket Numbers: 142695, 142712, 142850

Justia Opinion Summary: The Supreme Court granted leave in three cases to consider the substantive and procedural aspects of the affirmative defense of medical use of marijuana under section 8, MCL 333.26428, of the Michigan Medical Marihuana A...

PEOPLE OF MI V ALEXANDER EDWARD KOLANEK (Opinion)
Date: May 31, 2012
Docket Number: 142712
PEOPLE OF MI V LARRY STEVEN KING (Opinion)
Date: May 31, 2012
Docket Number: 142850
Michigan v. Laidler (Opinion)  
Date: May 30, 2012
Docket Number: 142442

Justia Opinion Summary: The issue before the Supreme Court was whether the death of a coperpetrator of a crime may be scored under offense variable (OV) 3, MCL 777.33, which concerns "physical injury to a victim." Upon review, the Court conclud...

DeFrain v. State Farm Mutual Automobile Ins. Co. (Opinion)  
Date: May 30, 2012
Docket Number: 142956

Justia Opinion Summary: This case involved a policy for uninsured-motorist (UM) coverage issued by Defendant State Farm Mutual Automobile Insurance Company which contained a 30-day notice provision regarding hit-and-run motor vehicle claims. Up...

Michigan v. Cole (Opinion)  
Date: May 25, 2012
Docket Number: 143046

Justia Opinion Summary: The issue before the Supreme Court was whether MCR 6.302 and constitutional due process require a trial court to inform a defendant pleading guilty or no contest to first-degree criminal sexual conduct (CSC-I) or second-...

Michigan v. Buie (Opinion)  
Date: May 24, 2012
Docket Number: 142698

Justia Opinion Summary: Defendant James Buie was convicted in 2001 of sexually assaulting BS and two female minors: LS, age 13, and DS, age 9. The assaults occurred after BS, seeking to trade sex for cocaine, invited defendant into the apartmen...

Dept. of Env. Quality v. Worth Twnsp. (Opinion)  
Date: May 17, 2012
Docket Number: 141810

Justia Opinion Summary: At issue in this case was whether a municipality such as a township could be held responsible under MCL 324.3109(2) of the Natural Resources and Environmental Protection Act (NREPA)1 for raw sewage discharged into state...

Michigan v. Rao (Opinion)  
Date: May 17, 2012
Docket Number: 142537

Justia Opinion Summary: This case required the Supreme Court to revisit and reemphasize, several aspects of the test governing motions for a new trial, set forth in "Michigan v. Cress" (664 NW2d 174 (2003)). The Court began with "the unremarkab...

Michigan v. Williams (Opinion)  
Date: May 15, 2012
Docket Number: 141161

Justia Opinion Summary: Defendant Glenn Williams appealed his conviction of armed robbery, arguing that because he was unsuccessful in feloniously taking or removing any actual property from the intended target of his robbery, there was not a s...

Joseph v. Auto Club Insurance Ass'n (Opinion)  
Date: May 15, 2012
Docket Number: 142615

Justia Opinion Summary: The Supreme Court granted Defendant Auto Club Insurance Association's bypass application for leave to appeal in this case to determine whether the minority/insanity tolling provision of MCL 600.5851(1) applied to toll th...

Michigan v. Reese (Opinion)  
Date: May 14, 2012
Docket Number: 142913

Justia Opinion Summary: The Supreme Court granted the prosecution’s application for leave to appeal to resolve whether Michigan law recognizes the doctrine of "imperfect self-defense" as an independent theory that automatically mitigates crimin...

In re C.I. Morris, Minor (Opinion)  
Date: May 4, 2012
Docket Numbers: 142759, 143673

Justia Opinion Summary: In combined cases, the Supreme Court examined the Indian Child Welfare Act (ICWA) to decide whether several issues relating to the Act's notice provision mandate notice be sent to the appropriate tribe or to the Secretar...

In re J.L. Gordon, Minor (Opinion)  
Date: May 4, 2012
Docket Numbers: 143673, 142759

Justia Opinion Summary: In combined cases, the Supreme Court examined the Indian Child Welfare Act (ICWA) to decide whether several issues relating to the Act's notice provision mandate notice be sent to the appropriate tribe or to the Secretar...

Michigan v. Moreno (Opinion)  
Date: April 20, 2012
Docket Number: 141837

Justia Opinion Summary: This case arose from a physical struggle between Defendant Angel Moreno, Jr. and two Holland police officers when the officers sought to enter Defendant's home without a warrant. As a result, Defendant was charged with r...

Michigan v. Evans (Opinion)  
Date: March 26, 2012
Docket Number: 141381

Justia Opinion Summary: The issue before the Supreme Court was whether the Double Jeopardy Clauses of the Michigan and federal constitutions barred defendant's retrial. Defendant Lamar Evans was accused of burning a vacant house. There was no d...

In re Honorable James Justin (Opinion)  
Date: January 27, 2012
Docket Number: 142076

Justia Opinion Summary: The Judicial Tenure Commission (JTC) recommended that the Supreme Court remove Respondent 12th District Court Judge James Justin from office for numerous instances of documented judicial misconduct. Respondent's multiple...

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