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A Better Partnership

September 2012

Sep 2012
14
September 14, 2012

COA Opinion: Downward departure was not justified in order to allow defendant to seek cancellation of deportation.

In People v. Akhmedov the Michigan Court of Appeals held that allowing a defendant to seek cancellation of his deportation was not a substantial and compelling reason to justify a downward departure from the sentencing guidelines because the shorter sentence actually had no effect on the defendant's ability to seek cancella

Sep 2012
12
September 12, 2012

COA Opinion: Court must grant permission for change of child's residence in case of sole custody

In Brecht v. Hendry, the Court of Appeals addressed the difference between sole and joint child custody when a parent wishes to change the child's domicile. A mother who had been granted sole custody of her five-year-old daughter in Michigan moved to North Dakota without obtaining the court's permission. The father challe

Sep 2012
06
September 06, 2012

COA Opinion: There is no bright-line rule about how the division of a business in a divorce will effect spousal support

In this per curiam opinion, the Court of Appeals address the effect that the division of a business in a divorce action has on the award of spousal support. As a starting point, the trial court had valued the business, formed by plaintiff, at $280,000 and awarded the company to plaintiff, but also awarded the spouse $140,000 as part of the division of marital property. The

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