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One Court of Justice Blog

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.
 

Apr 2017
09
April 09, 2017

MSC grants MOAA to determine whether common practice of reaching into a press constitutes a reasonably foreseeable misuse

The MSC granted mini-oral argument in Iliadis v. Dieffenbacher North America, No. 154358 to consider whether failing to follow employer instructions for the use of a press machine in favor of a “common practice” is a misuse of the press machine that is a reasonably foreseeable risk for the manufacturer.
 

Feb 2017
02
February 02, 2017

COA: Prenups cannot deprive court’s ability to divide property in a divorce

Parties cannot waive, in an antenuptial agreement, the statutory authority of a court to invade a party’s separate estate when ordering a property division in a divorce, said the Michigan Court of Appeals on remand in Allard v. Allard, No. 308194. Provisions of Michigan’s divorce statute, according to the court, clearly demonstrate that the Legislature intends circuit courts to have discretion to allocate separate assets if doing so is necessary to achieve equity. Any agreement that attempts to bind that equitable authority of the court is necessarily void as against both statute and public policy.

Dec 2016
15
December 15, 2016

COA determines that the actual water's edge is the boundary of a critical dune area

In Port Sheldon Beach Association v. Department of Environmental Equality, No. 328483, the Michigan Court of Appeals held that the lakeward boundary of a critical dune area (“CDA”) located in Port Sheldon Township extends to the water’s edge, thereby subjecting the boundary to the Sand Dune Protection and Management Act (“SDPMA”).

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