Michigan Supreme Court Decisions 2017

Michigan v. Lyles (Opinion on Application)  
Date: August 1, 2017
Docket Number: 153185

Justia Opinion Summary: In his trial for first-degree murder, the trial court improperly denied defendant William Lyles, Jr.’s request for an instruction informing the jury that his evidence of good character could create a reasonable doubt. Th...

Ray v. Swager (Opinion on Application)  
Date: July 31, 2017
Docket Number: 152723

Justia Opinion Summary: Michael and Jacqueline Ray, acting as coconservators for their minor child, Kersch Ray, filed an action against Eric Swager, Scott Platt, and others, in part alleging that Swager was liable for the injuries suffered by K...

IN RE RASMER ESTATE (Opinion - Leave Granted)
Date: July 31, 2017
Docket Number: 153356
In re Gorney Estate (Opinion - Leave Granted)  
Date: July 31, 2017
Docket Numbers: 153370, 153371, 153372, 153373

Justia Opinion Summary: In several cases consolidated for review, the issue common to all was whether the Michigan Department of Health and Human Services could recover from beneficiaries’ estates an amount equivalent to certain Medicaid benefi...

Michigan v. Lewis (Opinion on Application)  
Date: July 31, 2017
Docket Number: 154396

Justia Opinion Summary: Gary Lewis was convicted after a jury trial on four counts of third-degree arson, and one count of second-degree arson. The trial court sentenced defendant as a fourth-offense habitual offender to 17 to 30 years of impri...

In re Hon. Lisa Gorcyca (Opinion - Leave Granted)  
Date: July 28, 2017
Docket Number: 152831

Justia Opinion Summary: The Judicial Tenure Commission (JTC) filed a formal complaint against Sixth Circuit Judge Lisa Gorcyca, alleging two counts of judicial misconduct arising from a hearing at which she found three children in contempt of c...

In re Hon. J. Cedric Simpson (Opinion - Leave Granted)  
Date: July 25, 2017
Docket Number: 150404

Justia Opinion Summary: The Judicial Tenure Commission (JTC) filed a formal complaint against 14-A District Court Judge J. Cedric Simpson, alleging three counts of judicial misconduct arising from a 2013 incident where Crystal Vargas, one of re...

Michigan v. Wilson (Opinion on Application)  
Date: July 25, 2017
Docket Number: 154039

Justia Opinion Summary: Dwayne Wilson was convicted by jury on one count of possession of a firearm during the commission of a felony (felony-firearm), and two counts of unlawful imprisonment. Because defendant had two prior felony-firearm conv...

Michigan v. Steanhouse (Opinion - Leave Granted)  
Date: July 24, 2017
Docket Numbers: 152671, 152849, 152871, 152872, 152873, 152946, 152947, 152948

Justia Opinion Summary: Alexander Steanhouse was convicted by jury for assault with intent to commit murder (AWIM), and receiving and concealing stolen property. The court departed from the sentencing guidelines’ recommended minimum range and s...

PEOPLE OF MI V MOHAMMAD MASROOR (Opinion - Leave Granted)
Date: July 24, 2017
Docket Numbers: 152871, 152872, 152873
PEOPLE OF MI V MOHAMMAD MASROOR (Opinion - Leave Granted)
Date: July 24, 2017
Docket Numbers: 152946, 152947, 152948
Michigan v. Rea (Opinion on Application)  
Date: July 24, 2017
Docket Number: 153908

Justia Opinion Summary: Gino Rea was charged with operating a motor vehicle while intoxicated (OWI). A police officer parked his patrol vehicle in the street in front of defendant’s driveway while responding to noise complaints from defendant’s...

Michigan v. Denson (Opinion on Application)  
Date: July 17, 2017
Docket Number: 152916

Justia Opinion Summary: Defendant Tmando Denson was convicted by jury of assault with intent to do great bodily harm less than murder. The charges stemmed from an altercation defendant had with a 17-year-old who was dating defendant’s 15-year-o...

Clam Lake Township v. Dept. of Licensing & Reg. Affairs (Opinion - Leave Granted)  
Date: June 30, 2017
Docket Numbers: 151800, 153008

Justia Opinion Summary: In Docket No. 151800, Clam Lake Township and Haring Charter Township (the Townships) appealed the determination of the State Boundary Commission (the Commission) that an agreement entered into under the Intergovernmental...

Baruch SLS, Inc. v. Twp of Tittabawassee (Opinion on Application)  
Date: June 28, 2017
Docket Number: 152047

Justia Opinion Summary: Baruch SLS, Inc., a Michigan nonprofit corporation, sought exemptions from real and personal property taxes as a charitable institution under MCL 211.7o and MCL 211.9 for tax years 2010–2012. Petitioner based its request...

Winkler v. Marist Fathers of Detroit, Inc. (Opinion on Application)  
Date: June 27, 2017
Docket Number: 152889

Justia Opinion Summary: Defendant operated a parochial school to which plaintiff was denied admission. When plaintiff sued on the basis of disability discrimination, defendant moved for summary judgment, arguing among other things that, under t...

Haksluoto v. Mt. Clemens Regional Med. Ctr. (Opinion - Leave Granted)  
Date: June 27, 2017
Docket Number: 153723

Justia Opinion Summary: Jeffrey and Carol Haksluoto filed a medical malpractice claim against Mt. Clemens Regional Medical Center, General Radiology Associates, PC, and Eli Shapiro, DO, for injuries Jeffrey sustained after he was misdiagnosed i...

Michigan v. Comer (Opinion on Application - Partial Affirm / Reverse)  
Date: June 23, 2017
Docket Number: 152713

Justia Opinion Summary: Justin Comer pleaded guilty to criminal sexual conduct in the first-degree (CSC-I) and second-degree home invasion. He was sentenced to concurrent prison terms of 51 months to 18 years for the CSC-I conviction and 51 mon...

Kemp v. Farm Bureau Gen. Ins. Co. of Michigan (Opinion on Application)  
Date: June 15, 2017
Docket Number: 151719

Justia Opinion Summary: Daniel Kemp sued his no-fault insurer, Farm Bureau General Insurance Company of Michigan, seeking personal protection insurance (PIP) benefits under the parked motor vehicle exception in MCL 500.3106(1)(b) for an injury...

Michigan v. Frederick (Opinion on Application)  
Date: June 1, 2017
Docket Numbers: 153115, 153117.

Justia Opinion Summary: The scope of the implied license to approach a house and knock is time-sensitive; it generally does not extend to predawn approaches. While approaching a home with the purpose of gathering information is not, standing al...

Covenant Medical Center, Inc. v. State Farm Mutual Automobile Ins. Co. (Opinion - Leave Granted)  
Date: May 25, 2017
Docket Number: 152758

Justia Opinion Summary: Only two sections of the Michigan no-fault act mention healthcare providers, MCL 500.3157 and MCL 500.3158, and neither of those sections confers on a healthcare provider a right to sue for reimbursement of the costs of...

Michigan v. Calloway (Opinion on Application)  
Date: May 19, 2017
Docket Numbers: 153636, 153751

Justia Opinion Summary: Points may be assessed for OV 5 even absent proof that a victim’s family member has sought or received, or intends to seek or receive, professional treatment. Tiwaun Calloway was convicted by jury of second-degree murder...

City of Holland v. Consumers Energy Co. (Opinion on Application)  
Date: May 18, 2017
Docket Numbers: 151051, 151053

Justia Opinion Summary: In consolidated cases, two municipalities sought to provide electric service through municipal electric utilities. Central to both cases was the applicability Michigan Administrative Code Rule 411 (sometimes referred to...

Frank v. Linkner (Opinion - Leave Granted)  
Date: May 15, 2017
Docket Number: 151888

Justia Opinion Summary: MCL 450.4515(1)(e) provided alternative statutes of limitations: one based on the time of discovery of the cause of action and the other based on the time of accrual of the cause of action. Plaintiffs were former employe...

Estate of Nickola v MIC General Ins. Co. (Opinion on Application)  
Date: May 12, 2017
Docket Number: 152535

Justia Opinion Summary: In 2004, George and Thelma Nickola, were injured in a car accident. The driver of the other car was insured with a no-fault insurance policy provided the minimum liability coverage allowed by law: $20,000 per person, up...

Michigan v. Franklin (Opinion on Application)  
Date: May 12, 2017
Docket Number: 152840

Justia Opinion Summary: This case centered on whether a trial court, in its discretion, could hold an evidentiary hearing to collaterally review a magistrate’s finding of probable cause on the basis of a defendant’s challenge to the veracity of...

In re Hicks/Brown (Opinion on Application - Partial Affirm / Reverse)  
Date: May 8, 2017
Docket Number: 153786

Justia Opinion Summary: Under Michigan’s Probate Code, the Department of Health and Human Services has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights. The Department also has an...

SBC Health Midwest, Inc. v. City of Kentwood (Opinion - Leave Granted)  
Date: May 1, 2017
Docket Number: 151524

Justia Opinion Summary: The Tax Tribunal erred by concluding that MCL 211.7n, a statute specifically exempting from taxation the real or personal property owned and occupied by nonprofit educational institutions, controlled over the more genera...

Perkovic v. Zurich American Ins. Co. (Opinion on Application)  
Date: April 14, 2017
Docket Number: 152484

Justia Opinion Summary: In 2009, plaintiff Dragen Perkovic was operating a semitruck in Nebraska when he swerved to avoid hitting a car that had spun out in front of him. Plaintiff’s truck then crashed into a wall. Plaintiff’s resulting injurie...

Barton-Spencer v. Farm Bureau Life Ins. Co. of Michigan (Opinion on Application)  
Date: April 14, 2017
Docket Numbers: 153655, 153656

Justia Opinion Summary: The issue presented in this case was whether, by signing a contract providing that plaintiff agreed “to reimburse [defendants’] attorney fees and costs as may be fixed by the court,” the parties agreed that the amount of...

Graham v. Foster (Opinion on Application - Partial Affirm / Reverse)  
Date: April 7, 2017
Docket Number: 152058

Justia Opinion Summary: In 2009, defendant Sharea Foster, gave birth to a son, BF. Plaintiff Shae Graham alleged that he was the biological father of BF and therefore should be recognized as BF’s legal father. However, defendant has been marrie...

Michigan v. Barrera (Opinion on Application)  
Date: April 4, 2017
Docket Number: 151282

Justia Opinion Summary: John Barrera was charged with two counts of first-degree criminal sexual conduct, and two counts of second-degree criminal sexual conduct (CSC-II) for sexually assaulting his wife’s granddaughter. Defendant pleaded no co...

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