PROBATE: 12th time appealing matters related to Estates constitutes gnawing on the core of the apple… Harada affirmed (memorandum). [Read more…]
Ballot measure, 2nd attempt to qualify BI-9 succeeds
BALLOT MEASURE: 2nd attempt to qualify BI-9 defining “artificial persons” improperly rejected by AG as violative of separate-vote requirement… Declaratory Judgment. [Read more…]
PFMA strangulation, prior domestic abuse/control
PFMA STRANGULATION: Conviction affirmed over challenge to admission of prior domestic abuse and control… conviction affirmed… Abbott affirmed. [Read more…]
Intimidation/revocation convictions affirmed
INTIMIDATION: Revocation and intimidation convictions affirmed… McMahon affirmed. [Read more…]
Probate, distribution decree set aside denied
PROBATE: Widow’s motion to set aside decree of distribution properly denied… Perry affirmed (memorandum). [Read more…]
High school athletics, Semester Rule, mootness
HIGH SCHOOL ATHLETICS: Student who was ineligible to play basketball as a 5th-year senior after Covid absence pursuant to MHSA’s “Semester Rule” was deprived of due process in his request for a waiver… case not moot pursuant to public interest exception but student not entitled to further relief after graduation… Murnion/Wittman reversed. [Read more…]
Ineffective assistance, felony murder of 2-year-old
INEFFECTIVE ASSISTANCE claims involving felony murder of 2-year-old properly denied… Best affirmed. [Read more…]
DUI, $5,000 mandatory fine imposed, suspended
DUI: Imposing & suspending a $5,000 fine for felony DUI is affirmed but no authority to delegate to P&P the ability to reinstate suspended fines & fees if Defendant fails to comply with probation… Christopher affirmed, reversed. [Read more…]
DUI, $5,000 mandatory fine
DUI: Remanded to make findings as to 4th-DUI Defendant’s ability to pay mandatory minimum $5,000 fine to which he had agreed… Davies reversed. [Read more…]
Driver license suspension, not moot by return
DRIVER LICENSE SUSPENSION: Judicial review of DUI not mooted by return of license after end of 6-month suspension… first impression… Best reversed. [Read more…]
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