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One Court of Justice Blog

Apr 2017
21
April 21, 2017

COA held vested retirement rights may not be altered without the retiree’s consent

In Kendzierski v County of Macomb, No. 329576, the COA held vested retirement rights may not be altered without the retiree’s consent. The COA held the trial court properly determined retirement rights had vested, however had erred by determining that defendant may reasonably modify the scope and level of the healthcare benefits without plaintiffs’ consent.

Apr 2017
15
April 15, 2017

Statute means what it says: any movement of victim to a place of greater danger supports OV 8 score.

Judicial additions to a plainly defined word are impermissible, said the Michigan Supreme Court. In People v. Barrera, No. 151282, the court held that the trial court had correctly decided the scoring of Offense Variables (OVs) for a crime of sexual assault. Rejecting prior holdings that expanded the requirements in the relevant criminal statute, the court found that the statute means what it says—any movement, or “asportation,” that involves moving the victim to a place of greater danger results in OV 8 being scored at 15 points. The statute does not provide an “incidental movement” exception, and courts are not at liberty to add one.
 

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