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December 2012

Dec 2012
28
December 28, 2012

COA Opinion: Circuit court committed error by amending felony information after statutory period, but not plain error

In People v Siterlet, the Michigan Court of Appeals held the trial court erred by amending the defendant's felony information after the twenty-one-day period permitted in MCL 769.13(1) and after trial. But because the error was unpreserved and not plain, the court affirmed the defendant's conviction and sentence. Prior to trial, the felony informa

Dec 2012
28
December 28, 2012

COA Opinion: Circuit court may not award attorney fees incurred during allegedly frivolous appeal

In Edge v Edge, the Court of Appeals found that the circuit court erred when it granted the plaintiff's motion for attorney fees and costs incurred during the defendant's appeal. The circuit court granted the plaintiff's motion on the basis that the defendant's unsuccessful appeal was frivolous and characterized the award as 'sanctions.' However, because no court

Dec 2012
27
December 27, 2012

MSC Order List: December 26, 2012

The Michigan Supreme Court granted reconsideration in Lech v. Huntmore Estates Condo. Ass'n. On reconsideration, the Michigan Supreme Court modified its previous order so as to remand the case to the Court of Appeals for reconsideration of the issues raised by the plaintiff in Court of Appeals Docket No. 297196. The Michigan Supreme Court

Dec 2012
21
December 21, 2012

MSC Opinion: Presumption of legitimacy cannot be used to establish blood relationship element of crime

In a unanimous opinion, in People v. Zajaczkowski, the Michigan Supreme Court held that the prosecution cannot establish the blood relationship element between the defendant and the victim when undisputed DNA test results indicate that there is no biological relationship between them. The defendant was convicted of first-degree criminal sexual

Dec 2012
21
December 21, 2012

COA Opinion: Convictions for both unlawfully driving away a vehicle and carjacking do not violate double jeopardy

In People v. Cain, the Michigan Court of appeals affirmed the defendant's conviction for carjacking, unlawfully driving away a motor vehicle, and firearms charges. Along with several other grounds for appeal, the court rejected the defendant's argument that conviction for both unlawfully driving away a motor vehicle and carjacking violated the double jeopardy claus

Dec 2012
21
December 21, 2012

COA Opinion: The highway exception to governmental immunity covers parallel parking spaces

In Yono v. Department of Transportation, the Michigan Court of Appeals ruled that governmental liability for the portion of highways 'designed for vehicular travel' in MCL 691.1402(1) extends to parallel parking spaces. The plaintiff broke her ankle while walking in a parallel parking space along highway M-22 in Suttons Bay and sued for her injuries. The Departmen

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