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November 2010

Nov 2010
25
November 25, 2010

COA Opinion: Offense variable 12 cannot be scored for contemporaneous felonious acts of robbery and either larceny from a person or larceny from a building, where the defendant was convicted of unarme

On Tuesday, November 23, 2010, the Michigan Court of Appeals published its opinion in People v. Light, No. 293746. In Light, the court concluded that a conviction for unarmed robbery completely subsumes larceny. Therefore, under the plain wording of OV 12, MCL 777.12, the defendant may not be assessed five points for contemporaneous feloni

Nov 2010
24
November 24, 2010

COA Opinion: Police officer is entitled to governmental immunity in claims stemming from the handcuffing an individual after an arrest for interfering with the police

On November 23, 2010, the Court of Appeals published its per curiam opinion in Oliver v. Smith, No. 292585. This case arose out of tort claims asserting excessive use of force by a police officer in handcuffing plaintiff following plaintiff's arrest for interfering with the field sobriety tests the police were conducting with another individual. Th

Nov 2010
24
November 24, 2010

COA Opinion: A trial court should not use a mechanical formula to award spousal support

On November 23, 2010, the Court of Appeal's published its opinion, authored by Judge Kelly, in Myland v. Myland, No. 292868. The primary issue in this case was the trial court's award of spousal support. The trial court had applied a "mechanistic" formula which used just income and the length of the marriage. The Court of Appeals reversed and remanded, specifical

Nov 2010
24
November 24, 2010

COA Opinion: Individuals convicted of voluntary manslaughter forfeit all benefits from the decedent's estate under Michigan's "Slayer Statute"

On November 23, 2010, the Michigan Court of Appeals published its opinion in In re Nale, No. 293082, the holding that a person convicted of voluntary manslaughter forfeits all benefits from the decedent's estate under Michigan's 'slayer Statute', MCL 700.2803. Michael Stephen Nale was stabbed to death on September 13, 2007. His wife, Fay

Nov 2010
23
November 23, 2010

News: District court judge Amy Krause appointed to Court of Appeals

The Lansing State Journal is reporting that Governor Granholm has appointed Amy Krause, a Lansing-area district court judge to the Court of Appeals. Judge Krause fills the seat that has been vacant since Governor Granholm elevated Justice Alton Davis to the Michigan Supreme Court. Judge Krause's appointment ends speculatio

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