Court Includes Home in Marital Estate
Case: Price v. Price (Unpublished Opinion ) Judges: Per Curiam - O'Brien, Cavanagh, and Stephens Issues: Divorce; Property distribution; Marital assets; MCL 552.19; Skelly v. Skelly; McNamara v. Horner; Polate v. Polate; Pickering v. Pickering; Separate assets; Cunningham v. Cunningham; Principle that whether a couple holds property jointly or individually is not dispositive of whether it is classified as separate or marital property; Korth v. Korth Summary: The court held th
Court OKs Arrest
Case: People v. Evans Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Search & seizure; Motion to suppress evidence; Whether defendant was subjected to an unlawful stop under Terry v. Ohio; People v. Steele; Probable cause for an arrest; People v. Maggit; The plain view doctrine; People v. Galloway; Peterson Novelties, Inc. v. City of Berkley; Sentencing; Consecutive sentencing for carrying a concealed weapon & felony-firearm; People v. Cortez; People v. Clar
Mother Awarded Sole Legal Custody
Case: Flint v. Sweetin Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Child custody; Established custodial environment; MCL 722.27(1)(c); Mogle v. Scriver; Baker v. Baker; Foskett v. Foskett; Pierron v. Pierron; The statutory best-interest factors; MCL 722.23; “Joint custody” defined; MCL 722.26a(7)(b); Whether the parents will be able to cooperate & generally agree as to important decisions affecting the welfare of the child; MCL 722.26a(1) & (b); Principle
Defendant Able To Present MMMA Section 8 Defense
Case: People v. Fisher Court: Michigan Court of Appeals ( Unpublished Opinion ) Issues: Charges of possession with intent to deliver between 5 & 45 kilograms of marijuana, manufacturing marijuana oil, felony-firearm, & maintaining a drug house; The Michigan Medical Marihuana Act (MMMA) (MCL 333.26421 et seq.); Motion to dismiss based on the MMMA § 8 affirmative defense; MCL 333.26428(a); People v. Hartwick; Bona fide physician-patient relationship defined; MCL 333.26423(a); W
Court OKs Traffic Stop for Loud Exhaust
Case: People v. Nadeau (Unpublished Opinion) Issues: Search & seizure; Motion to suppress evidence from a traffic stop; U.S. Const. amend. IV; Const. 1963, art. 1, § 11; The exclusionary rule; People v. Hawkins; People v. Hyde; When a person is seized; People v. Lewis; Investigatory stop; People v. Oliver; Terry v. Ohio; People v. Shankle; Reasonable suspicion; People v. Rizzo; People v. Horton; People v. Fisher; Prosecution’s failure to produce traffic stop video; People v.
