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April 2011

Apr 2011
29
April 29, 2011

MSC Opinion: A court may but need not order separate trials to determine whether a defendant is guilty of both sexual delinquency and an underlying sexual offense

On April 29, 2011, the Michigan Supreme Court published its opinion in People v Breidenbach, No. 140153. The Court held that separate trials to determine whether a defendant is guilty of sexual delinquency as well as an underlying sexual offense that gave rise to the sexual delinquency charge are discretionary, not mandatory. The Court's holding partially ove

Apr 2011
28
April 28, 2011

MSC Order List: April 27, 2011

The Court granted a motion for immediate consideration in Vandussen v Court of Appeals and remanded the case to the Court of Appeals requesting that it 'articulate the reason why 'the fair administration of justice' warrants the denial of the plaintiff's request to film oral argument on May 10, 2011.'

Apr 2011
27
April 27, 2011

COA Opinion: It is inappropriate to score 10 points under OV 10 where the defendant and victim were not related and only shared a former dating relationship

On Tuesday, April 26, 2011, the Court of Appeals published its opinion in People v. Jamison, Case No. 297154. In Jamison, the court concluded that the defendant had been improperly scored 10 points under Offense Variable ('OV') where she only shared a former dating relationship with the victim. In doing so, the court declined to extend the

Apr 2011
27
April 27, 2011

COA Opinion: Trial court failed to adequately analyze plaintiff's request for attorney fees using the Smith factors.

On April 26, 2011, the Court of Appeals published Judge Donofrio's opinion for a unanimous panel in Augustine v. Allstate Insurance Company, No. 296646. In this case, the Court of Appeals vacated the trial court's award of $250,000 in attorney fees and remanded the case for rehearing and redetermination in accordance with its opinion. It directed the trial court de

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