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December 2012

Dec 2012
30
December 30, 2012

MSC Order List: December 21, 2012

In People v. Orlewicz, the Michigan Supreme Court remanded the case back to Wayne County Circuit Court, for consideration of defendant's argument under Miller v. Alabama, 567 U.S. __; 132 S. Ct. 2455 (2012), which held that mandatory life sentences for juvenile defendants violates the Eighth Amendment. Mr. Orlewicz is serving a life sentence after a first

Dec 2012
28
December 28, 2012

COA Opinion: Challenge to commutation revocation is nonjusticiable political question

In Makowski v. Governor, the Michigan Court of Appeals concluded that challenges to the governor's decisions regarding whether to commute a prisoner's sentence are nonjusticiable questions outside the scope of judicial review. After Governor Jennifer Granholm purportedly commuted the plaintiff's nonparolable life sentence to parolable life but before the sealed and

Dec 2012
28
December 28, 2012

MSC Opinion: A mortgage acquired through voluntary purchase agreement with FDIC must be recorded before foreclosure by advertisement

In Kim v. JPMorgan Chase Bank, NA, the Michigan Supreme Court held that, where a mortgagee engages in a voluntary purchase agreement with the Federal Deposit Insurance Corporation ('FDIC'), it must comply with MCL 600.3204 and record the assignment of the mortgage before foreclosing by advertisement. The court further held that failure to do so renders the foreclosure

Dec 2012
28
December 28, 2012

MSC Opinion: Police may deliver contraband firearms only to bailee, not designated agent, of convicted felon

In People v Minch, the Supreme Court found that, while a police department could appoint a bailee to possess a convicted felon's firearms, it could not lawfully deliver the contraband firearms to an agent designated by the felon. The defendant, who pled guilty to felony-firearm and possession of a short-barreled shotgun, wished to have the lawfully-owned weapons that

Dec 2012
28
December 28, 2012

MSC Opinion: New trial for CSC defendant where ineffective assistance (but not malpractice) prejudiced case

In People v Trakhtenberg, the Michigan Supreme Court considered whether collateral estoppel may be applied to prevent a court from reviewing a criminal defendant's ineffective assistance of counsel claim where, in a prior civil judgment, a court found that defense counsel's performance did not rise to the level of malpractice. Voting 4-2, with Justice Hathawa

Dec 2012
28
December 28, 2012

MSC Opinion: Twins conceived with IVF after father's death cannot inherit from him, nor collect SSI

In In Re Certified Question (Mattison v Social Security Commissioner), the Michigan Supreme Court considered whether the plaintiff's twin children, who were conceived via artificial insemination after the death of their father, could inherit from their father under Michigan intestacy law. The court concluded that children born after the death of a parent

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