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One Court of Justice Blog

May 2017
11
May 11, 2017

COA holds that trial courts have authority to make factual findings regarding “special immigrant juvenile” status

In In re LFOC, No. 334870, the Court of Appeals held that although ultimate determinations of alienage are the federal government’s to make, state juvenile courts have the authority to make relevant factual findings related to a child’s status as a special immigrant juvenile (“SIJ”), and those findings can subsequently be used in the child’s petition for SIJ status with the federal government.
 

May 2017
01
May 01, 2017

MSC grants leave to consider whether a court must indemnify judges for judgments against them

In Pucci v. Nineteenth Judicial District Court, et al., No. 153893, the Michigan Supreme Court has granted leave to appeal to address a chief judge’s authority to adopt an employee indemnification policy on behalf of the district court.  The Court will also address whether such policies may indemnify employees for liability incurred in their individual capacity. 
 

Apr 2017
28
April 28, 2017

COA: Defendant released early by clerical error is no longer under control of Dept. of Corrections, may not receive consecutive sentences

A defendant who was accidentally released before serving all of her time may not receive consecutive sentences as though still incarcerated, said the Michigan Court of Appeals. In People v. Parker, No. 330898, the Department of Corrections “erroneously released defendant back into the community before she was finished serving either of her sentences.” As a result, when the defendant committed another crime in 2013, her record showed “in prison.” Pursuant to MCL 768.7a, the trial court ordered that the new sentence run consecutively to the sentences that she was already supposed to be serving. 
 

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