

Court Upholds Warrantless Arrest
Case: People v. Hammerlund Court: Michigan Court of Appeals ( Unpublished Opinion ) Judges: Per Curiam – Murray, Sawyer, and Markey Issues: Search & seizure; Motion to suppress evidence; Lawfulness of defendant’s warrantless arrest; MCL 764.15(1)(d); Applicability of the exclusionary rule; People v. Hawkins; Probable cause; People v. Lyon; Whether the arrest occurred in a public place; Principle that the Fourth Amendment draws a firm line at the home entrance; Payton v. New Y


Michigan Supreme Court Determines Search was Illegal
Case: People v. Frederick Court: Michigan Supreme Court ( Opinion ) Judges: McCormack, Markman, Zahra, Viviano, Bernstein, Larsen, and Wilder Issues: Search & seizure; Whether the “knock and talk” procedures conducted in the defendants’ cases were consistent with the Fourth Amendment as articulated in Florida v. Jardines; U.S. Const. amend. IV; Kentucky v. King; Katz v. United States; United States v. Jones; Illinois v. Caballes; United States v. Knotts; Principle that unexpe


Court Says Officer's Warrantless Entry into Home Was Justified
Case: People v. Kevonian Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Search & seizure; Whether Fourth Amendment rights were violated; Whether the warrantless entry into defendant’s home fell under the community-caretaking or emergency-aid exceptions to the search warrant requirement; People v. Galloway; U.S. Const. amend. IV; Const. 1963, art. 1, § 11; People v. Jordan; People v. Levine; People v. Davis; People v. Lemons; Brigham City v. Stuart; People v.


Court Failed to Apply Proper Legal Standard in Custody Dispute
Case: Espinoza v. Espinoza Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Custody; Modification of the parties’ parenting-time arrangement; Pierron v. Pierron; Lieberman v. Orr; Corporan v. Henton; The Child Custody Act; MCL 722.27(1)(c); Proper cause or a change of circumstances; Vodvarka v. Grasmeyer; Shade v. Wright; Established custodial environment; Kessler v. Kessler Summary: The court held that the trial court committed clear legal error in its choice


Motion to Change Child's Domicile Denied
Case: Wilson v. Haney Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Motion to change child’s domicile; Rains v. Rains; Sulaica v. Rometty; Principle that MCL 722.31(4) does not apply where one of the child’s parents has sole legal custody; MCL 722.31(2); Spires v. Bergman; Finding that the child had an established custodial environment with both parents; MCL 722.27(1)(c); Berger v. Berger; Finding that a change in domicile was not in the child’s best intere


Court Allows Hearsay Statements
Case: People v. Figueroa Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Hearsay; Principle that hearsay is generally inadmissible; MRE 802; Unavailable witness exception; MRE 804(b)(6); People v. Jones; Whether the prosecution exercised due diligence in attempting to procure the witness’s attendance; MRE 804(a)(5); People v. Bean; People v. Dye; Right of confrontation; U.S. Const. amend. VI; Const. 1963, art. 1, § 20 Summary: The court held that the trial co


Police Had Reasonable Suspicion to Justify Stop
Case: People v. Parsons Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Search & seizure; U.S. Const. amend. IV; Const. 1963, art. 1, § 11; Presumption that a warrantless search or seizure is unreasonable unless an exception applies; People v. Borchard-Ruhland; Investigatory stop; People v. Barbarich; Terry v. Ohio; Reasonable suspicion; People v. LoCicero (After Remand); Unprovoked flight from the police in an area known for drug trafficking; People v. Olive


Court Says Defendant's Confession Voluntary
Case: People v. Carlisle Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Motion to suppress; People v. Snider; People v. Lanzo Constr. Co.; People v. Hyde; People v. Gibson; U.S. Const. amend. V; Const. 1963, art. 1, § 17; People v. White; Whether defendant’s waiver of his Miranda rights was voluntary; Miranda v. Arizona; People v. Cipriano; United States v. Doe (7th Cir.); Rodriguez v. Texas; United States v. Hemphill (SD OH) Summary: Holding that the totali


Michigan Supreme Court Remands on Miranda Issue
Case: People v. Barritt Court: Michigan Supreme Court ( Order ) Judges: Markman, Zahra, McCormack, Viviano, Bernstein, Larsen, and Wilder Issues: Motion to suppress statements made during a police interview; Whether the defendant was subject to custodial interrogation; Miranda v. Arizona; Howes v. Fields; Yarborough v. Alvarado; People v. Elliott Summary: In an order in lieu of granting leave to appeal, the court vacated the part of the Court of Appeals’ judgment (see e-Journ


Court Denies Custody Motion
Case: Malish v. Marcelli Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Custody; The Child Custody Act (MCL 722.21 et seq.); Proper cause or a change of circumstances; Vodvarka v. Grasmeyer; Normal life changes; Lieberman v. Orr; Whether the trial court should have conducted an evidentiary hearing; MCR 3.210(C)(8) & (D)(1); Award of attorney fees & costs as a sanction; MCR 2.114(D)(3) & (E); Guerrero v. Smith; Reasonableness of the fees; Reed v. Reed; Failur