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August 2013

Aug 2013
06
August 06, 2013

MSC holds that OV 7 applies where defendant used more than minimum necessary force for purpose of increasing fear

In the consolidated cases of People v. Glenn and People v. Hardy, the Michigan Supreme Court clarified what factual basis is sufficient to score Offense Variable (“OV”) 7 under the Michigan Sentencing Guidelines for “aggravated physical abuse”.  MCL § 777.37.  Fifty points under OV 7 is warranted where the defendant has: 1) used more force than the minimum necessary to commit the specific offense; and, 2) the use of force was designed to increase the victim’s fear or anxiety “by a considerable amount”.

Aug 2013
06
August 06, 2013

MSC Establishes Bright-Line Rule That Child of Divorce's Domicile Is Where Custody Order Says It Is

The entire Michigan Supreme Court bench agreed that a child may have only one domicile for purposes of the no-fault act, in an opinion which established a new bright-line rule that a child of divorce is domiciled as a matter of law where the family court custody order says he is (or establishes the residence where he spends the most time).

Aug 2013
05
August 05, 2013

MSC Opinion: Larceny-from-the-person statute does not apply to shoplifting observed by loss-prevention employee

In People v. Smith-Anthony, the defendant had placed a perfume set into one of her bags in view of a nearby store loss-prevention officer.

Aug 2013
02
August 02, 2013

COA holds that storm-water-management charge violated the Headlee Amendment

In County of Jackson v. City of Jackson and Jackson Coffee Co. v. City of Jackson, taxpayers challenged the City of Jackson’s imposition of a storm-water-management charge, arguing it was a new tax imposed in violation of the Headlee Amendment.  The Amendment prohibits local governments from levying a new tax without voter approval; new fees, however, do not require voter approval.  The Court of Appeals sided with the taxpayers, holding that the charge was a tax, not a fee.

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