Michigan Supreme Court Decisions 2013

Bailey v. Schaff (Opinion - Leave Granted)  
Date: July 30, 2013
Docket Number: 144055

Justia Opinion Summary: Devon Bailey sued Steven Schaaf, T.J. Realty, Inc. (doing business as Hi-Tech Protection), Evergreen Regency Townhomes, Ltd., Radney Management & Investments, and others for injuries suffered while at a friend's…

Michigan v. Smith-Anthony (Opinion - Leave Granted)  
Date: July 30, 2013
Docket Number: 145371

Justia Opinion Summary: Chandra Valencia Smith-Anthony was convicted by a jury of larceny from the person. While monitoring closed-circuit television monitors at a department store, the store's loss-prevention officer observed defendant acting…

Michigan v. Duncan (Opinion - Leave Granted)  
Date: July 30, 2013
Docket Number: 146295

Justia Opinion Summary: Stanley Duncan was charged with five counts of first-degree criminal sexual conduct and four counts of second-degree criminal sexual conduct. His wife Vita Duncan was charged with two counts of first- and second-degree…

Date: July 29, 2013
Docket Number: 144327
Harris v. Auto Club Insurance Association (Opinion - Leave Granted)  
Date: July 29, 2013
Docket Number: 144579

Justia Opinion Summary: Brent Harris sued Auto Club Insurance Association (ACIA), seeking to recover a duplicate payment for medical expenses incurred as the result of a motorcycle-motor vehicle accident, which had been paid directly to…

Michigan v. Glenn (Opinion - Leave Granted)  
Date: July 29, 2013
Docket Numbers: 144979, 144327

Justia Opinion Summary: Defendant Donald Michael Hardy was convicted after pleading guilty to one count of carjacking. His sentence was 12 to 50 years' imprisonment. Hardy filed a motion for resentencing, challenging the OV scoring and claiming…

Grange Insurance Company of Michigan v. Lawrence (Opinion - Leave Granted)  
Date: July 29, 2013
Docket Numbers: 145206, 143808

Justia Opinion Summary: Grange Insurance Company of Michigan sought a declaratory judgment regarding its responsibility under a no-fault insurance policy issued to Edward Lawrence to reimburse Farm Bureau General Insurance Company of Michigan…

In re Bradley Estate (Opinion - Leave Granted)  
Date: July 26, 2013
Docket Number: 145055

Justia Opinion Summary: Nancy Mick, as personal representative of the estate of Stephen Bradley, sought to have the Kent County Sheriff's Department held in contempt of court. She obtained an order from the probate court to take Stephen Bradley…

Hardaway v. Wayne County (Opinion on Application)  
Date: July 26, 2013
Docket Number: 146646

Justia Opinion Summary: Plaintiff Hurticene Hardaway sued Wayne County in circuit court seeking a declaratory judgment, and claiming breach of contract and promissory estoppel in relation to the denial of certain lifetime benefits granted to…

Michigan v. Musser (Opinion - Leave Granted)  
Date: July 12, 2013
Docket Number: 145237

Justia Opinion Summary: In this case, the Supreme Court held that the circuit court abused its discretion by failing to redact the majority of the detectives' out-of-court statements from the interrogation of Defendant John Musser where they…

PEOPLE OF MI V RAYFIELD CLARY (Opinion - Leave Granted)
Date: June 25, 2013
Docket Number: 144696
Michigan v. Clary (Opinion - Leave Granted)  
Date: June 25, 2013
Docket Number: 144696

Justia Opinion Summary: Defendant Rayfield Clary was convicted by jury of assault with intent to commit murder and possession of a firearm during the commission of a felony. Defendant's first trial ended in mistrial; after his second, he…

Michigan v. Elliott (Opinion - Leave Granted)  
Date: June 25, 2013
Docket Number: 144983

Justia Opinion Summary: Defendant Samuel Elliott was convicted of armed robbery for holding up a gas station. He had been on parole for a prior conviction, and was arrested the day after the alleged robbery for a parole violation. Defendant's…

Date: June 24, 2013
Docket Number: 144430
Malpass v. Dept. of Treasury (Opinion - Leave Granted)  
Date: June 24, 2013
Docket Numbers: 145367, 144430, 144431, 144432, 145368, 145369, 145370

Justia Opinion Summary: The Supreme Court combined several taxpayers' appeals for the purpose of this opinion. In each, taxpayers owned two (or more) separate S-corporations, and attributed profits and losses from each businesses to their…

Petipren v. Jaskowski (Opinion - Leave Granted)  
Date: June 20, 2013
Docket Number: 144142

Justia Opinion Summary: Thomas Petipren sued the police chief of Port Sanilac Rodney Jaskowski and the Village itself alleging Jaskowski assaulted and wrongfully arrested him for resisting, obstructing and disorderly conduct. Jaskowski filed a…

Smitter v. Thornapple Township (Opinion - Leave Granted)  
Date: June 19, 2013
Docket Number: 144354

Justia Opinion Summary: Petitioner Robert Smitter applied for workers' compensation benefits after being injured on the job working as a firefighter for Thornapple Township. At the time of his injury, Petitioner also worked for General Motors.…

In re Adams (Opinion - Leave Granted)  
Date: June 19, 2013
Docket Number: 144985

Justia Opinion Summary: The Judicial Tenure Commission (JTC) issued a formal complaint against Judge Deborah Adams of the Third Circuit Court for misconduct (misrepresentations under oath, forgery and the filing of forged and unauthorized…

Michigan v. Burns (Opinion - Leave Granted)  
Date: June 18, 2013
Docket Number: 145604

Justia Opinion Summary: Defendant David Burns was tried by jury and convicted of first-degree sexual conduct. The victim, his four-year-old daughter, told a bible school teacher, who happened to be a forensic interviewer and sexual-assault…

Macomb County v. AFSCME Council 25 Locals 411 & 893 (Opinion - Leave Granted)  
Date: June 12, 2013
Docket Number: 144303

Justia Opinion Summary: Several union groups filed unfair labor practice complaints against Macomb County and the Macomb County Road Commission over a change in the method for calculating pension benefits. The groups argued the County lowered…

Hillsdale County Senior Services Center v. Hillsdale County (Opinion - Leave Granted)  
Date: May 31, 2013
Docket Number: 144630

Justia Opinion Summary: Hillsdale County Senior Services, Inc. (HCSS) filed an action against Hillsdale County, seeking mandamus to enforce the terms of a property-tax ballot proposition that provided for the levy of an additional 0.5 mill…

Admire v. Auto-Owners Ins. Co. (Opinion - Leave Granted)  
Date: May 23, 2013
Docket Number: 142842

Justia Opinion Summary: Plaintiff Kenneth Admire was seriously injured when the motorcycle he was riding collided with a car being operated by an insured of Defendant Auto-Owners Insurance Company. Following the accident, Kenneth required…

Michigan v. Koon (Opinion on Application)  
Date: May 21, 2013
Docket Number: 145259

Justia Opinion Summary: Defendant Rodney Lee Koon was stopped for speeding. During the stop, defendant voluntarily produced a marijuana pipe and informed the arresting officer that he was a registered patient under the MMMA and was permitted to…

Whitman v. City of Burton (Opinion - Leave Granted)  
Date: May 1, 2013
Docket Number: 143475

Justia Opinion Summary: Plaintiff Bruce Whitman had been employed by defendant City of Burton as the police chief from 2002 until 2007. Codefendant Charles Smiley, the Mayor, declined to reappoint plaintiff. Plaintiff then filed suit under the…

McPherson v. McPherson (Opinion on Application)  
Date: April 11, 2013
Docket Number: 144666

Justia Opinion Summary: Plaintiff Ian McPherson brought an action against Christopher McPherson, Progressive Michigan Insurance Company, and others, seeking payment of personal protection insurance benefits under the no-fault act. Plaintiff…

Elba Township v. Gratiot County Drain Commissioner (Opinion - Leave Granted)  
Date: April 9, 2013
Docket Number: 144166

Justia Opinion Summary: Elba Township brought an action against the Gratiot County Drain Commissioner seeking to enjoin the commissioner from consolidating the drainage districts associated with the No. 181-0 drain and its tributary drains.…

Price v. High Pointe Oil Company, Inc. (Opinion - Leave Granted)  
Date: March 21, 2013
Docket Number: 143831

Justia Opinion Summary: Plaintiff Beckie Price sued Defendant High Pointe Oil Company, Inc. claiming, among other things, for damages for the mental anguish, emotional distress, and other psychological injuries sustained when High Pointe…

Michigan v. White (Opinion - Leave Granted)  
Date: February 13, 2013
Docket Number: 144387

Justia Opinion Summary: The issue before the Supreme Court in this case concerned whether defendant Kadeem White was subjected to "interrogation" or "express questioning or its functional equivalent" after he invoked his right to remain silent.…

Michigan v. McQueen (Opinion - Leave Granted)  
Date: February 8, 2013
Docket Number: 143824

Justia Opinion Summary: The Isabella County Prosecuting Attorney filed a complaint for a temporary restraining order, a show-cause order, a preliminary injunction, and a permanent injunction, seeking to enjoin the operation of Compassionate…

Debano-Griffin v. Lake County (Opinion - Leave Granted)  
Date: February 8, 2013
Docket Number: 143841

Justia Opinion Summary: Plaintiff Cheryl Debano-Griffin sued Lake County and the Lake County Board of Commissioners alleging, in part, that she had been terminated from her position as the director of Lake County’s 911 department in violation…

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