Skip to main content

One Court of Justice Blog

Jan 2019
24
January 24, 2019

MSC completes its first session of the year under a new Chief Justice

The mantle of Chief Justice passed from Justice Markman to Justice McCormack this month, just in time for a docket full of criminal appeals.  Chief Justice McCormack performed the role naturally during the January session held over the last two days.  The oral aguments spanned many issues of far-reaching significance, including:

  • whether a trial judge may increase the defendant's sentence based on charged conduct for which the jury acquitted the defendant;
  • whether a conviction for both assault with intent to do great bodily harm and felonious assault, which is defined as an assault “without intending to commit murder or to inflict great bodily harm less than murder,” violates the constitutional prohibition against subjecting a defendant to double jeopardy; and
  • whether the statutory bar against appellate review of a within-guidelines sentence should be severed along with other provisions in the sentencing guidelines that were already severed in People v. Lockridge to make the guidelines advisory.
The State Appellate Defenders Office presented the oral argument for the defendant in many of these cases. The next session in March promises another bevy of criminal cases, one of which which will include the issue of whether the Sex Offender Registry Act violates the Ex Post Facto Clause when applied retroactively to defendants sentenced prior to its enactment or to its amendments.  The amendments have greatly enhanced in-person reporting requirements and severely restricted where such offenders can live and work, among other things.

Warner Norcross represents the Criminal Defense Attorneys of Michigan as amicus curiae in two of the cases mentioned above.

Mar 2018
21
March 21, 2018

MSC rules that prescriptive easements vest automatically and “run with the land” to future parcel owners

A prescriptive easement arises in a manner similar to adverse possession—after 15 years of open, continuous, notorious, and adverse use.  In the landmark decision of Marlette Auto Wash, LLC v. Van Dyke SC Properties, LLC, No. 153979, the Michigan Supreme Court put to rest all doubts that a prescriptive easement vests automatically after 15 years, regardless of whether the adverse user ever took legal action to claim the easement.  Once the 15 years has run, the easement vests and then runs with the land, like any express easement, even if it is not mentioned in any deed or reflected in the chain of title.

Jan 2018
29
January 29, 2018

Can a molder extinguish the moldbuilder's lien by paying the amount owed the moldbuilder to someone else?

The Michigan Supreme Court has granted mini-oral argument in Sejasmi Industries, Inc v Quality Cavity, Inc, No. 156341, to consider the interpretation and application of the molder’s lien act, MCL 445.619(5)(b).  Specifically, the MSC will hear argument as to whether the statutory provision requires payment to the moldbuilder to extinguish the moldbuilder's lien.

Displaying results 1-6 (of 500)
 |<  < 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset