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A Better Partnership
April 04, 2009

MSC Order List: April 3, 2009

On April 3, 2009, the Michigan Supreme Court denied leave to appeal in five cases, denied rehearing in one case, and ordered the Kalkaska County Trial Court Family Division to appoint counsel to represent the respondent to respond to the Michigan Department of Human Services' application for leave to appeal In re Hall (order here), entered miscellaneous orders in three cases and granted leave to appeal in two cases including Adair v. State of Michigan which has been before the Court in 2002 and 2005. These five orders are discussed after the jump. The Court also granted reconsideration in Sazima v. Shepherd Bar & Restaurant which is discussed in a separate post.

People v. Andrews: The Court ordered the Wayne County Prosecutor to respond to the defendant's application to leave to appeal to address whether the trial court had the authority to reverse its own earlier unappealed order discharging sentence based on communications with the Michigan Department of Corrections. The Court's order is here.

Potter v. Murray: The Court ordered the parties to submit supplemental briefing on whether if the defendant professional corporation is not a party to whom notice is required by MCL ' 600.2912b, the statute of limitations was tolled under the former MCL ' 600.5856(d). The Court heard oral argument in this calendar case on March 3, 2009, and our former case summary is here. The Court's order is here.

Kyser v. Kasson Township: The Court sua sponte vacated its order denying leave to appeal issued on March 13, 2009. Justice Weaver did not participate in the decision because of her past and present business relationship with the Kasson Township Supervisor. The Court's order is here.

People v. Wilder: The Court granted leave to appeal limited to the issue of whether third-degree home invasion is a necessarily lesser-included offense of first-degree home invasion. The Court invited the Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan to submit amicus briefs. The Court's order is here.

Adair v. State of Michigan: The Court granted leave to appeal limited to the issues of whether the prohibition on unfunded mandates in the Michigan Constitution requires a plaintiff to prove specific costs, either through the reallocation of funds or out-of-pocket expenses, to establish entitlement to declaratory judgment, and whether the plaintiffs are entitled to recover the costs of maintaining their action against the State under Article 9, Section 32 of the Michigan Constitution. This case has, in various forms, been pending for more than a decade. The case, brought by school districts from across the state challenging record keeping obligations imposed on the districts by the State. The order granting leave can be found here.

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