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June 2013

Jun 2013
27
June 27, 2013

MSC holds that Miranda was not violated during parolee's interview with parole officer in the jail library

In People v Elliot, the Michigan Supreme Court held that a parolee was not under custodial interrogation and therefore not entitled to Miranda warnings or the presence of counsel during a meeting with a parole officer in the jail library, during which he admitted to committing an armed robbery. The defendant was incarcerated for failing to report to his parole offic

Jun 2013
27
June 27, 2013

COA finds good cause to compel multiple medical examinations in auto accident case

In Burris v KAM Transport, Inc, the Michigan Court of Appeals held that the trial court should have ordered a plaintiff to submit to independent medical examinations at the defendant's request, even though the plaintiff had already undergone medical examinations in a prior case related to the same injuries, because the condition of the plaintiff was an important iss

Jun 2013
27
June 27, 2013

COA holds that non-biological parent can be a 'natural parent' under EPIC

In In re Estate of Daniels, the Michigan Court of Appeals held that under the Michigan Estates and Protected Individuals Code (EPIC), a person need not be a biological child of a decedent to be an heir and therefore a personal representative for an estate. The petitioner, the decedent's biological daughter, was the initial personal representative of her father's est

Jun 2013
27
June 27, 2013

MSC holds that a defendant's Fifth Amendment privilege is not absolute if a defendant testifies in a second trial

In People v. Clary, the Michigan Supreme Court held that a defendant's Fifth Amendment privilege does not prohibit the prosecutor from using a defendant's previous silence at trial to impeach a defendant who chooses to testify at a second trial. In this case, the defendant's silence in his first trial as to whether the defendant shot someone was used against him for i

Jun 2013
25
June 25, 2013

MSC holds that the Michigan Income Tax Act allows collective apportionment of unitary-business income

In Malpass v. Department of Treasury and Wheeler Estate v. Department of Treasury, the Michigan Supreme Court considered the proper apportionment of business income under the Michigan Income Tax Act ('MITA'). Siding with the taxpayers, the Court held that an individual taxpayer may apportion all business income received from a unitary busin

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