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A Better Partnership

September 2012

Sep 2012
September 27, 2012

MSC Order List: September 26, 2012

The Michigan Supreme Court granted leave to appeal in People v. Musser, limited to the issues of: (1) whether statements in a recording of a police interview of a criminal defendant that vouch for the credibility of a witness, which would be admissible if stated by a trial witness, must be redacted from the recording before the jury views i

Sep 2012
September 27, 2012

COA Opinion: Tax Tribunal erred by failing to honor the parties' stipulation regarding the value of property.

In Toll Northville Limited Partnership v. Township of Northville, the Michigan Court of Appeals considered whether the tax tribunal's adjusted valuation of property comported with the parties' stipulation regarding the value of certain parcels of land. The parties had stipulated to the value of additions to over fi

Sep 2012
September 21, 2012

COA Opinion: Whether double dipping is appropriate in spousal-support determinations must be considered on a case-by-case basis

In Loutts v Loutts, the Michigan Court of Appeals rejected various aspects of the trial court's judgment of divorce, holding that the trial court had abused its discretion. Most significantly, the Court held that the trial court erred by holding that double dipping among spousal support and property division is never appropriate as a matter of

Sep 2012
September 19, 2012

COA Opinion: Misapplication of Medical Marijuana Act prompts a do-over of the hearing on the Act's affirmative defense to prosecution

Under the Michigan Supreme Court's June decision in People v. Kolanek, trial courts must conduct a quasi-evidentiary hearing to determine whether a criminal defendant may assert "medical purpose" as an affirmative defense to marijuana-related charges under the Michigan Medical Marijuana Act, MCL ' 333.26428. Under Kolanek, though the trial court must conduct an 'evidentiary hearing," the trial cou

Sep 2012
September 16, 2012

COA Opinion: Electronic monitoring work-release program does not fulfill mandatory 30-day jail sentence

In People v. Pennebaker, the Michigan Court of Appeals considered whether a work-release program that required monitoring by electronic tether satisfied the mandatory minimum 30-day jail sentence required for a second offense of operating a vehicle while intoxicated with an occupant under the age of 16. The statute (MCL 257.625(7)(a)(ii)) required either a one- to

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