Yesterday, the Michigan Supreme Court peremptorily reversed the Court of Appeals in two cases. In Ancona v. Gillepsie, No. 139319-21, 139328-33, The Court reversed that part of the judgment granting summary disposition to Bennigan's in this dram shop action for the reasons stated in the Court of Appeals' dissenting opinion. Justice Markman, joined by Justice Corrigan, dissented in part, contending that the inconsistent deposition testimony of the drunk driver did not create a genuine issue of material fact that he was served alcohol at Bennigan's on the night that he collided with the deceased.
In People v. Bailey, No. 139276, the court vacated that portion of the Court of Appeals' opinion addressing harmless error with respect to the jury instructions under review and remanded for reconsideration of its harmless error analysis for constitutional error under the holding in Neder v. United States, 527 U.S. 1 (1999). Justice Young, joined by Justice Weaver, dissented, arguing that the jury instructions properly set forth the correct standards for self-defense and provocation and that the Court of Appeals' opinion should be affirmed on that basis.
The court also denied a prisoner's motion to waive filing fees.