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A Better Partnership

February 2013

Feb 2013
21
Feb 2013
21
February 21, 2013

COA Opinion: Petition for declaration of probable cause did not trigger a trust's terror clause

In In Re Miller Osborne Perry Trust, a Trust featured a 'terror clause' which forfeited the benefits of any beneficiary who challenged the admission of the Trust to probate or any of the Trust's provisions. Upon the death of the settlor, a beneficiary petitioned the probate court for declaratory relief, seeking to determine whether he had 'probable ca

Feb 2013
15
February 15, 2013

COA Opinion: Court upholds Michigan Tax Tribunal's determination regarding principal residence

The petitioners in Drew v. Cass County owned three homes, and they sought a principal residence exemption for one of those homes, located on an island in Dowagiac, Michigan. The petitioners claimed to live at the Dowagiac home with their six children for six months out of the year, and they submitted driver's licenses, voter registration cards and tax returns listing

Feb 2013
15
February 15, 2013

COA Opinion: Statute governing possession of child sexually abusive material is not unconstitutionally vague

The defendant in People v. Loper was convicted of both possession of child sexually abusive material and use of a computer to commit a crime. He argued that the statute for possession was vague, because the statute prohibits possession or a single image of sexually abusive material and a collection of images, which could result in a variance in the number of criminal

Feb 2013
15
February 15, 2013

COA Opinion: Prior conviction sentencing variable may not be applied where defendant has only pled guilty to other offense

In People v. Gibbs and People v. Henderson, the Court of Appeals considered the sentencing and conviction of two participants in the armed robbery of store. The two defendants appealed a variety of issues. Gibbs first argued that the trial court's closing of the courtroom after voir dire began violated his right to a public trial. Reviewing

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