Michigan Supreme Court Decisions 2018

In re Erwin Estate (Opinion - Leave Granted)  
Date: July 31, 2018
Docket Numbers: 153980, 153981

Justia Opinion Summary: The decedent, James Erwin, Sr., had six children from a previous marriage when he married appellee Maggie Erwin in 1968. James and Maggie had four children together, bringing James’s total number of children to 10. Sever...

Citizens Protecting Michigan's Constitution v. Secretary of State (Opinion - Leave Granted)  
Date: July 31, 2018
Docket Number: 157925

Justia Opinion Summary: Voters Not Politicians (VNP) was a ballot-question committee. It filed the initiative petition at issue in this case with defendant Michigan Secretary of State. The initiative proposal would, among other things, amend Co...

Johnson v. Vanderkooi (Opinion on Application)  
Date: July 30, 2018
Docket Numbers: 156057, 156058

Justia Opinion Summary: Two cases were consolidated, both arising from separate incidents where plaintiffs were individually stopped and questioned by Grand Rapids Police Department (GRPD) officers. During these stops, plaintiffs’ photographs a...

Michigan Gun Owners, Inc. v. Ann Arbor Public Schools (Opinion on Application)  
Date: July 27, 2018
Docket Numbers: 155196, 155204

Justia Opinion Summary: Defendants, the Ann Arbor and Clio school districts, each had a policy banning firearms on school property. The plaintiffs, advocacy organizations supporting gun ownership and certain parents of children who attend schoo...

Michigan v. Smith (Opinion on Application - Partial Affirm / Reverse)  
Date: July 26, 2018
Docket Number: 156353

Justia Opinion Summary: As part of defendant Virgil Smith's plea deal, he agreed to resign his position as a state senator and not seek public office during his five-year probationary term. While serving as a state senator, in May 2015, defenda...

Bertin v. Mann (Opinion on Application)  
Date: July 25, 2018
Docket Number: 155266

Justia Opinion Summary: Kenneth Bertin brought an action against Douglas Mann alleging that Mann was negligent in operating a golf cart when he hit Bertin with the cart while the parties were playing a round of golf. The parties offered differi...

Michigan v. Johnson (Opinion - Leave Granted)  
Date: July 23, 2018
Docket Numbers: 154128, 154130

Justia Opinion Summary: In consolidated cases, at issue before the Michigan Supreme Court was whether the trial court erred by declining to grant new trials following defendants’ motions for relief from judgment. These cases arise from the 1999...

PEOPLE OF MI V KENDRICK SCOTT (Opinion - Leave Granted)
Date: July 23, 2018
Docket Number: 154130
Trowell v. Providence Hospital & Medical Centers, Inc. (Opinion on Application)  
Date: July 23, 2018
Docket Number: 154476

Justia Opinion Summary: Audrey Trowell filed an action against Providence Hospital and Medical Centers, Inc., after she sustained injuries while she was hospitalized. At issue in this case was whether plaintiff’s claims sounded in medical malpr...

Ally Financial, Inc. v. Michigan State Treasurer (Opinion on Application - Partial Affirm / Reverse)  
Date: July 20, 2018
Docket Numbers: 154670, 154669, 154668

Justia Opinion Summary: Plaintiffs were financing companies that sought tax refunds under Michigan’s bad-debt statute, MCL 205.54i, for taxes paid on vehicles financed through installment contracts. Defendant Department of Treasury (the Departm...

Michigan v. Arnold (Opinion - Leave Granted)  
Date: July 19, 2018
Docket Number: 154764

Justia Opinion Summary: Defendant Lonnie Arnold masturbated in front of an employee at the Monroe Public Library in January 2014. He was charged with aggravated indecent exposure, MCL 750.335a(2)(b), indecent exposure by a sexually delinquent p...

Bazzi v. Sentinel Ins. Co. (Opinion - Leave Granted)  
Date: July 18, 2018
Docket Number: 154442

Justia Opinion Summary: Plaintiff Ali Bazzi, was injured while driving a vehicle owned by his mother, third-party defendant Hala Baydoun Bazzi, and insured by defendant Sentinel Insurance Company (Sentinel). Plaintiff sued Sentinel for mandator...

South Dearborn Environmental Improvement Assn. v. Dept. of Env. Quality (Opinion on Application - Partial Affirm / Reverse)  
Date: July 17, 2018
Docket Number: 154524

Justia Opinion Summary: AK Steel operated a steel mill within the Ford Rouge Manufacturing complex in Dearborn, Michigan. The steel mill was subject to air pollution control and permitting requirements under the federal Clean Air Act, and the N...

McQueer v. Perfect Fence Company (Opinion on Application)  
Date: July 10, 2018
Docket Number: 153829

Justia Opinion Summary: Plaintiff David McQueer brought a negligence action against his employer, Perfect Fence Company, to recover damages after he was injured on the job. Perfect Fence moved for summary judgment on the ground that the exclusi...

Michigan v. Sharpe (Opinion - Leave Granted)  
Date: July 10, 2018
Docket Numbers: 155747, 155748

Justia Opinion Summary: Defendant Lovell Sharpe was charged with two counts of first-degree criminal sexual conduct (CSC), two counts of third-degree CSC, and one count of fourth-degree CSC, based on allegations that he engaged in sexual penetr...

Michigan v. Barnes (Opinion on Application)  
Date: July 9, 2018
Docket Number: 156060

Justia Opinion Summary: In 2002, defendant Timothy Barnes was convicted of second-degree murder and other offenses. On direct appeal, the Court of Appeals affirmed his convictions, and the Michigan Supreme Court denied leave to appeal. In 2008,...

Michigan v. Oros (Opinion on Application)  
Date: July 5, 2018
Docket Number: 156241

Justia Opinion Summary: Defendant Christopher Oros did not dispute that he intended to kill the victim, Marie McMillan, when he stabbed her 29 times; rather, he argued insufficient proofs were presented at trial with regard to the elements of p...

Michigan v. Kennedy (Opinion on Application)  
Date: June 29, 2018
Docket Number: 154445

Justia Opinion Summary: Johnny Kennedy was convicted by jury of first-degree murder for the 1993 strangulation death of Tanya Harris. Attempts to find Harris’s murderer stalled for nearly two decades until 2011, when various swabs taken from Ha...

In re Mardigian Estate (Opinion - Leave Granted)  
Date: June 21, 2018
Docket Number: 152655

Justia Opinion Summary: At issue before the Michigan Supreme Court in this case was whether the rebuttable presumption of undue influence was applicable when the decedent’s attorney breaches Michigan Rule of Professional Conduct (MRPC) 1.8(c),...

Michigan v. Skinner (Opinion - Leave Granted)  
Date: June 20, 2018
Docket Numbers: 152448, 153081, 153345

Justia Opinion Summary: A jury convicted Tia Marie-Mitchell Skinner, and Kenya Hyatt were convicted by jury: Skinner, for first-degree premeditated murder, conspiracy to commit murder and attempted murder for acts committed when she was sevente...

PEOPLE OF MI V KENYA ALI HYATT (Opinion on Application)
Date: June 20, 2018
Docket Number: 153081
PEOPLE OF MI V KENYA ALI HYATT (Opinion on Application)
Date: June 20, 2018
Docket Number: 153345
Michigan v. Wilder (Opinion on Application)  
Date: June 15, 2018
Docket Number: 154814

Justia Opinion Summary: This case presented an issue of how and when it is appropriate to impeach by contradiction using other-acts evidence. During defendant’s trial on charges of carrying a concealed weapon, being a felon in possession of a f...

Michigan v. Washington (Opinion on Application)  
Date: June 12, 2018
Docket Number: 156283

Justia Opinion Summary: In an unpublished, split decision, the Michigan Court of Appeals majority concluded that the misdemeanor offense of keeping or maintaining a drug house is not a “felony” for purposes of the Penal Code and, therefore, can...

Iliades v. Dieffenbacher North America, Inc. (Opinion on Application)  
Date: May 23, 2018
Docket Number: 154358

Justia Opinion Summary: Plaintiffs Steven and Jane Iliades brought a products-liability action against Dieffenbacher North America Inc., alleging negligence, gross negligence, and breach of warranty after plaintiff was injured by a rubber moldi...

In re Williams (Opinion - Leave Granted)  
Date: May 18, 2018
Docket Number: 155994

Justia Opinion Summary: In 2012, the Department of Health and Human Services (DHHS) initiated a child protective proceeding in requesting that the court take jurisdiction of two-year-old JJW and newborn ELW after ELW tested positive for control...

Michigan v. Pinkney (Opinion on Application)  
Date: May 1, 2018
Docket Number: 154374

Justia Opinion Summary: Edward Pinkney was charged with five felony counts of election forgery, and six misdemeanor counts of making a false statement in a certificate-of-recall petition, all for having submitted petitions with falsified dates...

Michigan v. Shami (Opinion on Application)  
Date: April 26, 2018
Docket Number: 155273

Justia Opinion Summary: Defendant Samer Shami was charged with violating the Tobacco Products Tax Act (TPTA) for possessing, acquiring, transporting, or offering for sale tobacco products with an aggregate wholesale price of $250 or more as a m...

Millar v. Construction Code Authority (Opinion on Application)  
Date: March 29, 2018
Docket Number: 154437

Justia Opinion Summary: In 2014, Bruce Millar brought an action against the Construction Code Authority (CCA), Elba Township, and Imlay City, alleging violation of the Whistleblowers’ Protection Act (WPA); wrongful termination in violation of p...

Michigan v. Bruner (Opinion on Application)  
Date: March 28, 2018
Docket Number: 154779

Justia Opinion Summary: Carl Bruner, II was convicted by jury trial for: first-degree premeditated murder; assault with intent to commit murder; being a felon in possession of a firearm; and possession of a firearm during the commission of a fe...

Safdar v. Aziz (Opinion on Application - Partial Affirm / Reverse)  
Date: March 27, 2018
Docket Number: 156611

Justia Opinion Summary: A trial court granted Zaid Safdar a divorce from Donya Aziz. The judgment provided the parties would hare joint legal custody of their minor child and that defendant would have sole physical custody of the child. The wif...

Marlette Auto Wash, LLC v. Van Dyke SC Properties, LLC (Opinion - Leave Granted)  
Date: March 19, 2018
Docket Number: 153979

Justia Opinion Summary: Plaintiff Marlette Auto Wash, LLC claimed it had an easement through a parking lot owned by defendant Van Dyke SC Properties, LLC, for customers to access a car wash that plaintiff had purchased in 2007. Defendant counte...

Michigan v. Anderson (Opinion on Application)  
Date: March 16, 2018
Docket Number: 155172

Justia Opinion Summary: Tremel Anderson was charged with: assault with intent to commit murder; carrying a concealed weapon; felonious assault; and carrying a firearm during the commission of a felony. The charges arose after an incident that a...

Estate of James Armour II v. Hall (Opinion on Application)  
Date: January 3, 2018
Docket Number: 155991

Justia Opinion Summary: At issue before the Michigan Supreme Court in this case is whether plaintiff, arguing that venue was improper, could avail herself of MCR 2.223(A), which permitted a court to order a venue change “on timely motion of a d...

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