Blue Lake Fine Arts Camp v. Blue Lake Township Zoning Board of Appeals
Michigan Supreme Court · 2010-10-06
The case involved Blue Lake Fine Arts Camp challenging a zoning decision by the Blue Lake Township Zoning Board of Appeals, with the Forrest J. Harris Trust and Wayne Harris named as defendants. The Michigan Supreme Court reviewed an application for leave to appeal the Court of Appeals' February 2010 judgment affirming the lower court's ruling in the zoning dispute. The Court denied the application, explaining that it was not persuaded the questions presented required further review. Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously heard the case.
propertybusiness & regulatory
People v. Gillis
Michigan Supreme Court · 2010-10-06
This case involves defendant John Albert Gillis's application for leave to appeal a November 2009 Court of Appeals order in a criminal matter originating from the St. Clair Circuit Court. The Michigan Supreme Court denied the application, ruling that Gillis had not satisfied the requirements for relief under Michigan Court Rule 6.508(D). Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously handled the case. The order provides no further details on the underlying facts or legal issues raised in the appeal.
criminal lawprocedure
People v. Holloway
Michigan Supreme Court · 2010-10-06
The case concerns defendant Chenier Holloway's application for leave to appeal a June 2009 Court of Appeals judgment in a Wayne County criminal proceeding. The Michigan Supreme Court had held the application in abeyance pending its decision in the related case of People v. Redd. After that decision was issued, the court denied the application for leave to appeal on the ground that the questions presented did not merit review by the Supreme Court. Justice Davis recused himself from participation because he had served on the Court of Appeals panel in the case.
criminal law
Wirth v. AMSTED INDUSTRIES, INC.
Michigan Supreme Court · 2010-09-29 · cited 1×
This case involved a workers' compensation dispute between plaintiff Jeffrey L. Wirth and defendants Amsted Industries, Inc., along with several insurance companies, arising from a claim handled by the Workers' Compensation Appeals Commission. The plaintiff appealed after the Court of Appeals issued an order in the matter. The Michigan Supreme Court considered the application for leave to appeal but denied it, explaining that it was not persuaded the questions presented required review by this Court. One justice recused himself from participation because he had served on the Court of Appeals panel that previously heard the case.
labor & employmentprocedure
People v. Slaughter
Michigan Supreme Court · 2010-09-27
This case is a criminal matter in which defendant Ulysses Slaughter sought leave to appeal a March 2010 order of the Michigan Court of Appeals arising from a 1996 conviction in Washtenaw County Circuit Court. The Michigan Supreme Court denied the application for leave to appeal. The court explained that it was not persuaded the questions presented should be reviewed. Justice Davis did not participate because he had served on the Court of Appeals panel that issued the order being challenged.
criminal lawprocedure
People v. Middlebrook
Michigan Supreme Court · 2010-09-27
This case involves a criminal conviction of defendant Marcus Donte Middlebrook in Ingham County Circuit Court under case number 03-000466-FC. The Michigan Supreme Court reviewed an application for leave to appeal a November 2009 Court of Appeals order. The Court denied the application for leave to appeal because the defendant failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). Justice Davis recused himself from participation due to his prior service on the Court of Appeals panel that handled the case.
criminal lawprocedure
People v. Hall
Michigan Supreme Court · 2010-09-27
This case involves defendant Ernest Hall seeking leave to appeal from the Michigan Court of Appeals in a criminal proceeding originating in Wayne County Circuit Court under case number 04-011411. The Michigan Supreme Court reviewed the application for leave to appeal the lower court's March 30, 2010 order. The Court denied the application on the grounds that the defendant failed to meet the burden of establishing entitlement to relief under Michigan Court Rule 6.508(D). Justice Davis recused himself from participation due to prior involvement on the Court of Appeals panel.
criminal lawprocedure
People v. SPACHER
Michigan Supreme Court · 2010-09-27
This case involved defendant Charles Joseph Spacher's application for leave to appeal a March 4, 2010 order from the Michigan Court of Appeals in a criminal matter originating from Mecosta Circuit Court case 05-005658-FH. The Michigan Supreme Court denied the application. The court determined that Spacher had not satisfied the requirements for relief under Michigan Court Rule 6.508(D), which governs motions for relief from judgment in criminal proceedings. Justice Davis did not participate due to prior involvement on the Court of Appeals panel.
criminal lawprocedure
People v. Bean
Michigan Supreme Court · 2010-09-27
This case is a criminal prosecution by the State of Michigan against defendant Amanda Jane Bean in Oakland County Circuit Court under case number 2009-228128-FH. After the Court of Appeals issued an order, the defendant sought leave to appeal to the Michigan Supreme Court. The Supreme Court denied the application, concluding it was not persuaded that the question presented warranted review by the Court. Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously handled the matter.
criminal law
Schellenberg v. BINGHAM TOWNSHIP
Michigan Supreme Court · 2010-09-27
The case involved petitioners Shelly Schellenberg and David Riggle challenging a decision by Bingham Township that originated in the Michigan Tax Tribunal. After the Court of Appeals ruled against the petitioners, they sought leave to appeal to the Michigan Supreme Court. The Supreme Court denied the application for leave to appeal because it was not persuaded that the questions presented should be reviewed by the Court. Justice Davis recused himself from participation as he had been on the Court of Appeals panel.
taxesproperty
People v. Ball
Michigan Supreme Court · 2010-09-27
This case is a criminal prosecution of defendant Randall Raymond Ball originating in the Shiawassee Circuit Court. After the Court of Appeals affirmed the conviction or sentence, Ball sought leave to appeal to the Michigan Supreme Court. The Supreme Court denied the application, stating that it was not persuaded the questions presented required review by the Court. Justice Davis recused himself because he had served on the Court of Appeals panel that previously decided the case.
criminal law
People v. Wheeler
Michigan Supreme Court · 2010-09-27
The case involves defendant Ronald Ernest Wheeler appealing his felony conviction from the Calhoun County Circuit Court, after the Court of Appeals affirmed the judgment. The Michigan Supreme Court considered the application for leave to appeal and denied it, stating that the questions presented did not merit further review by the Court. Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously heard the case.
criminal lawprocedure
People v. Cole
Michigan Supreme Court · 2010-09-27
The case involves defendant Jimmy Rae Cole's appeal from his felony conviction in the Jackson Circuit Court. The Michigan Court of Appeals had affirmed the conviction, and Cole sought leave to appeal that decision to the Michigan Supreme Court. The Supreme Court denied the application for leave to appeal, explaining that it was not persuaded the questions presented required its review. Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously heard the case.
criminal lawprocedure
People v. Tolbert
Michigan Supreme Court · 2010-09-27 · cited 1×
This case involves defendant Donald Lee Tolbert, III, who appealed his criminal conviction from the Saginaw Circuit Court through the Michigan Court of Appeals and then sought further review by the Michigan Supreme Court. The Michigan Supreme Court denied the application for leave to appeal the June 3, 2010 judgment of the Court of Appeals. The court explained that it was not persuaded the question presented should be reviewed. Justice Davis recused himself because he had served on the Court of Appeals panel that decided the case.
criminal lawprocedure
People v. Hill
Michigan Supreme Court · 2010-09-15
In People v. Hill, the Michigan Supreme Court reviewed applications for leave to appeal a May 2010 Court of Appeals judgment in a criminal prosecution of defendant Naykima Tinee Hill. The court did not resolve the merits but instead directed oral argument on whether to grant the applications and ordered supplemental briefs addressing two issues: whether dog tracking testimony was admitted in error at trial and whether admission of Jacqueline Sistrunk’s out-of-court statement was harmless beyond a reasonable doubt. The order follows standard appellate procedure for considering further review in the case. Justice Davis recused himself because he had participated in the Court of Appeals panel below.
criminal lawprocedure
In Re Kadzban
Michigan Supreme Court · 2010-09-15
This case involves Gary Tyler Kadzban, who sought post-conviction relief in a Michigan criminal proceeding by filing a motion for relief from judgment. The Michigan Supreme Court reviewed an application for leave to appeal an order from the Court of Appeals that addressed the motion. The Court denied the application for leave to appeal, holding that the motion was barred by Michigan Court Rule 6.502(G), which limits successive motions for relief from judgment in criminal cases. Justice Davis recused himself from participation because he had served on the Court of Appeals panel that previously handled the matter.
criminal lawprocedure
Dillard v. FARM BUREAU GENERAL INSURANCE
Michigan Supreme Court · 2010-09-09 · cited 1×
This case concerns an appeal by Randall Dillard against Farm Bureau General Insurance Company regarding a lower court decision in a contract dispute. The Michigan Supreme Court considered the application for leave to appeal the Court of Appeals' March 11, 2010 judgment but denied it. The court stated it was not persuaded that the question presented required review by this Court. Justice Davis recused himself from participation due to his prior role on the Court of Appeals panel in the case.
business & regulatoryprocedure
MacKie v. BOLLORE SA
Michigan Supreme Court · 2010-09-09 · cited 1×
This case involved plaintiffs Najat Mackie and Freetown Mini Mart, Inc. filing a civil action in Wayne County Circuit Court against Bollore S.A., North Atlantic Trading Company, and several other defendants including law firms and attorneys. The plaintiffs appealed an adverse judgment from the Court of Appeals to the Michigan Supreme Court. The Supreme Court denied the application for leave to appeal, concluding that the questions presented did not warrant further review by the Court. Justice Davis recused himself from participation due to prior involvement in the Court of Appeals panel.
procedurebusiness & regulatory
People v. Hurd
Michigan Supreme Court · 2010-09-09 · cited 3×
This case involves defendant Demetrius Lasean Hurd appealing a criminal conviction or related post-conviction ruling from the Wayne County Circuit Court. The Michigan Supreme Court reviewed an application for leave to appeal a March 2010 order from the Court of Appeals. The Court denied the application, ruling that Hurd failed to satisfy the requirements for relief under Michigan Court Rule 6.508(D). One justice recused himself from participation due to prior involvement in the case on the Court of Appeals panel.
criminal law
People v. Noonan
Michigan Supreme Court · 2010-09-09 · cited 1×
The case involved defendant Bryan Matthew Noonan appealing his criminal conviction and sentence from Berrien County Circuit Court in a felony matter. The Michigan Supreme Court denied his application for leave to appeal the Court of Appeals' March 2010 order. The Court of Appeals had already granted reconsideration and ordered resentencing on claims of error in scoring the sentencing guidelines, rendering those arguments moot in the Supreme Court application. The Court found no basis to review the remaining issues raised by the defendant. Justice Davis recused himself due to prior involvement on the Court of Appeals panel.
criminal lawprocedure