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A Better Partnership

December 2010

Dec 2010
03
December 03, 2010

COA Opinion: Court applies less restrictive definition of "change of circumstance" to permit changes in parenting time

In Shade v. Wright, No. 296318, the Court of Appeals affirmed the trial court's modification of a parenting time agreement and held that a liberal definition of 'change of circumstance' was an appropriate basis for permitting the parenting time modification, because the change did not alter the child's established custodial environment. P

Dec 2010
03
December 03, 2010

Justice Davis helps to revive class-action lawsuit concerning public defenders

On November 30, 2010, the Michigan Supreme Court reinstated, Duncan v. State of Michigan and Governor of Michigan, Case Nos. 139345-7, a lawsuit filed by indigent criminal defendants alleging that the court-appointed counsel systems in Berrien, Genesee, and Muskegon Counties violate the defendants' constitutional rights. Specifically, plai

Dec 2010
02
December 02, 2010

COA Opinion: A conviction under the zero-tolerance provision counts as a prior conviction for driving while impaired for the purpose of the Michigan Sentencing Guidelines

On November 30, 2010, the Court of Appeals published its opinion in Michiganv Bulger, No. 288312. In Bulger, the Court of Appeals held that a defendant's misdemeanor conviction for underage drinking and driving was the proper basis for a sentencing enhancement under Prior Record Variable (PRV) 5 of the Michigan Sentencing Guideline

Dec 2010
02
December 02, 2010

COA Opinion: A juvenile whose case the court dismisses under MCL 712A.18(1)(a) is not entitled to have his fingerprint and arrest cards destroyed under MCL 28.243(8)

On November 30, 2010, the Court of Appeals published its opinion in People v Klocek, No. 292993. In Klocek, the Court of Appeals held that under MCL 28.243(8), a law enforcement agency is not required to destroy a juvenile's fingerprint and arrest cards when a court disposes of a case under MCL 712A.18(1)(a), under which a court may 'warn a

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