Michigan Court of Appeals blocks Genesee County commissioner appointment
GENESEE COUNTY, MI -- The Michigan Court of Appeals has at least temporarily blocked the planned appointment of a new Genesee County commissioner to represent parts of Flint, Grand Blanc and Mundy townships. Related: Genesee County Commissioner Bryant Nolden dies, remembered as fighter for communityCounty Prosecutor David Leyton said Miller’s lawsuit will likely be assigned to another county circuit judge by the State Court Administrator’s Office. “The facts before this Court indicate that Mr. Clemons accepted appointment to a new office on December 6, 2022, at which point his county commissioner’s seat became vacant. Read more at The Flint Journal:17 file for 2 seats on Genesee County Board of Commissioners. Here’s who they areGOP candidate sues Genesee County, wants special election for vacant commissioner seatJudges pick Clemons to replace Gleason as next Genesee County clerk-registermlive.com
Appeals court rejects Ann Arbor police union’s lawsuit over COVID vaccine mandate
ANN ARBOR, MI — The Michigan Court of Appeals has ruled against Ann Arbor’s police union in a lawsuit that challenged the legality of the city’s COVID-19 vaccine mandate. The Ann Arbor Police Officers Association’s complaint challenging the vaccine mandate was “facially insufficient,” the Court of Appeals ruled. The union sued the city in November 2021, arguing it was illegal for the city to require city employees to be vaccinated against the deadly coronavirus. “A plain reading of the statutory scheme demonstrates that the act did not prohibit the city from enforcing its vaccine policy against its employees,” the court concluded. Santa Ono ignites discussionMan dead after fall from downtown Ann Arbor parking structuremlive.com
Court of Appeals makes ruling on evidence in 2019 Lapeer murder case
Smith was leaving the gas station on M-24 and, before turning onto the roadway, encountered Kohn who was turning his truck into the gas station parking lot. Related: Case of deadly 2019 gas station shooting in Lapeer delayed as prosecutors appeal judge’s ruling on evidenceBoth men exchanged words while their vehicles were within feet of each other. He turned around in the driveway of a nearby business and returned to the gas station. Following Thursday’s court of appeals ruling, the case is headed back to Lapeer County Circuit Court. Read more at The Flint Journal:Police ID man killed in shooting outside Lapeer gas stationRoad rage incident led to fatal shooting outside Lapeer gas station, police sayMan shot to death outside Lapeer gas stationmlive.com
Woman in affair with Mark Schlissel won’t be named, court rules
DETROIT, MI - The University of Michigan does not have to release the name of the woman involved in the affair that led to former President Mark Schlissel’s firing last year, the Michigan Court of Appeals affirmed. A lawsuit in February 2022 challenged UM’s use of the Freedom of Information Act, saying that releasing the name of the woman, who was subordinate to Schlissel, was of public interest.mlive.com
Evidence in 2019 Lapeer homicide case argued before Michigan Court of Appeals
LAPEER, MI – The Michigan Court of Appeals will weigh in on whether Facebook posts and messages made by a man accused of a fatal shooting at a Lapeer gas station in December 2019 should be admitted as evidence at a potential trial. Attorneys for the Lapeer County Prosecutor’s Office as well as for Jeffrey Lee Smith argued before the court of appeals Tuesday, Jan. 10, months after the Lapeer County Prosecutor’s Office said it was appealing a circuit court judge’s decision to not allow evidence authorities said showed a motive in the shooting.mlive.com
Court weighs in on case of proposed 499-unit mobile home park near Ann Arbor
Attorney Tom Meagher, representing the township, declined to comment, saying he needed time to confer with his clients over the Appeals Court decision issued just before Christmas. Read more: Developers forge ahead with large mobile home park near Ann Arbor amid legal challengeThe property on mostly agricultural land north of M-14, roughly a mile outside of Ann Arbor city limits, is no stranger to litigation. In the 1970s, predecessors to the current property owners sued Ann Arbor Township over zoning, eventually winning the right to develop it as a mobile home park through a 1975 court order. There are also outstanding zoning questions affecting the future of the mobile park proposal. More from The Ann Arbor News:4-story apartment development proposed near Ann Arbor’s Briarwood MallThese businesses closed in Washtenaw County in 2022Does Ann Arbor need more protected bike lanes?mlive.com
Michigan Supreme Court denies Shiawassee County Prosecutor’s Office appeal in murder case
Related: Shiawassee County Prosecutor’s Office appeals Court of Appeals ruling in Owosso murder caseThe Shiawassee County Prosecutor’s office appealed the Court of Appeals ruling to the Michigan Supreme Court, but the higher court on Thursday, Dec. 22, issued an order indicating it was denying the application for leave to appeal the court of appeals ruling. Shiawassee County Prosecutor Scott Koerner could not be reached for comment Friday, Dec. 23. Read more: Owosso murder suspect’s statements should be suppressed, Michigan Court of Appeals saysMonroe is charged with one count of open murder. She was released from the hospital after the interview with detectives and lodged in the Shiawassee County Jail. Stewart previously ruled that he would allow the statements in as evidence, prompting an appeal to the Michigan Court of Appeals, which overturned the decision.mlive.com
Court won’t hear appeal on dismissal of Flint water crisis criminal charges
FLINT, MI -- The Michigan Court of Appeals has dealt another blow to Flint water prosecutors in the office of Attorney General Dana Nessel. Flint water prosecutors led by Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym Worthy appealed Kelly’s decision, seeking to restart the prosecutions. In addition to those appeals, water prosecutors also have said they planned to appeal the dismissal of two misdemeanor charges filed against former Gov. Snyder and former Flint Department of Public Works Director Howard Croft were also charged with water crisis crimes in January 2021. Read more at The Flint Journal:Former Michigan DHHS director asks state court to dismiss Flint water appealFlint water charges dismissed against seven former officialsFlint water criminal charges dismissed against former Gov.mlive.com
Appeals court won’t take up attempted silencing of former Flint council president
FLINT, MI -- The Michigan Court of Appeals won’t rule on the legality of a Flint City Council resolution that punished former President Kate Fields by barring her from speaking at council meetings for 30 days. They just decided they wanted to shut me up for a month” before the council elections, Fields said of censure. The appeals court decision says both parties to the original lawsuit asked for a higher court to intervene “because a decision (was) necessary for future guidance.”Several members have been removed from council meetings during the past 12 months, including Mays and 2nd Ward Councilwoman Ladel Lewis. Other council members have left meetings after they were ruled to have been disruptive before they could be escorted out of council chambers by police. Read more at The Flint Journal:Censured Flint council president won’t be allowed to speak during meetings for 30 daysFlint council president calls 30-day censor a violation of First Amendment rightsJudge’s order will allow Flint City Council president to speak again, preside over meetingsFlint city councilwoman kicked out of meeting for going to the bathroom without permissionmlive.com
Clerk forges ahead with appeal in legal battle against Scio Township board
WASHTENAW COUNTY, MI - The elected clerk of Scio Township will continue her legal battle against the rest of the township board, even after suffering a defeat in Washtenaw County court. Michael Homier, the attorney representing the township board in the case, agreed. Connors denied Flintoft’s request that he issue a temporary restraining order against the rest of the township board on April 21, saying it would be inappropriate to “micromanage” the workings of an elected township body. Connors, in ruling against Flintoft, seemed persuaded by that argument, again declining to interfere in the workings of the township government. The clerk remained steadfast in the aftermath of the legal setback, promising the appeal.mlive.com
Michigan Supreme Court will consider constitutionality of no-fault reforms
The Michigan Supreme Court will allow auto insurance companies to challenge a Michigan Court of Appeals decision that said the cuts to lifetime health benefits that were part of the 2019 overhaul to the state’s no-fault auto insurance law could not apply retroactively. In an order released today, the Supreme Court said it will consider whether the lower court erred last month when it found that car crash victims injured before the effective date of the new law should not be subject to new limits on their medical benefit and in asking a circuit court to consider whether the amendments to the no-fault law were constitutional at all. But the court denied a motion to keep the Court of Appeals decision from being treated as a precedent in future cases. It will also impact the cost of auto insurance in Michigan. The 2019 overhaul was designed to reduce premiums for the average consumer by reducing some of the costs borne by insurance companies.mlive.com
Michigan Court of Appeals to hear evidence issue in fatal Lapeer gas station shooting case
Smith, 37, is accused of fatally shooting Arthur Lee Kohn III at a Lapeer gas station in December 2019. Smith was leaving the gas station on M-24 and, before turning onto the roadway, encountered Kohn who was turning his truck into the gas station parking lot. Smith turned south out of the gas station parking lot and onto M-24. He turned around in the driveway of a nearby business and returned to the gas station. Read more at The Flint Journal:Police ID man killed in shooting outside Lapeer gas stationRoad rage incident led to fatal shooting outside Lapeer gas station, police sayMan shot to death outside Lapeer gas stationmlive.com
Michigan Court of Appeals vacates cleanup order in Ann Arbor pollution case
ANN ARBOR, MI — The Michigan Court of Appeals has issued a ruling in an Ann Arbor pollution case, vacating a Washtenaw County judge’s June 2021 cleanup order. Testing reveals contamination from Ann Arbor dioxane plume in wells near Huron RiverRebecca Esselman, Huron River Watershed Council executive director, agreed the ruling is very disappointing. The court agreed with Gelman that the local intervening parties in the original state case against Gelman were not permitted to participate unless they filed complaints. “In 1991, the trial court dismissed the majority of the claims against Gelman, and the state and Gelman settled the remaining claims. MORE FROM THE ANN ARBOR NEWS:Ann Arbor road project delayed after bids come in 193% higher than expectedHow Ann Arbor project got $20M earmark still a mystery to local lawmakersUniversity of Michigan reports record $1.7B in research spending in 2022Want to join Washtenaw County government?mlive.com
Court rules Michigan’s abortion ban ‘unconstitutional’
Michigan’s Court of Claims has ruled the state’s 1931 abortion ban unconstitutional. The court ruled that the abortion ban, which outlawed all abortions except those performed to preserve the life of the mother, violated the Due Process and Equal Protection clauses of the Michigan Constitution. That ruling seems to contradict a prior ruling from the Michigan Court of Appeals, which said county prosecutors do not fall under the jurisdiction of the Court of Claims. Last month, Michigan’s abortion ban was deemed unenforceable after an Oakland County judge issued a preliminary injunction in a separate lawsuit that also aimed to protect access to abortion care. Whitmer has asked the Michigan Supreme Court to take up her lawsuit regarding the abortion ban, but it has yet to do so.mlive.com
Auto crash survivors can’t have lifetime benefits cut retroactively, Michigan Court of Appeals rules
Catastrophically injured auto crash victims can’t have their lifetime medical care reimbursements cut after the fact, the Michigan Court of Appeals ruled Thursday. The ruling reversed a 2019 change to Michigan’s no-fault auto insurance law that reduced the amount insurers have to pay. In a split decision, two of the three-judge panel ruled changing the terms of the patients’ coverage retroactively violated the contracts clause of the Michigan constitution. Shapiro also wrote the insurance companies didn’t prove reducing the amount insurance companies have to pay would lower insurance premiums for other drivers. “The lifetime unlimited benefits that the insurers were paid for will be severely impaired if the amendments are given retroactive effect,” Shapiro wrote.mlive.com
Michigan court declines to hear lawmakers’ appeal of order keeping abortion legal
The Michigan Court of Appeals on Wednesday declined to consider the Republican-led state legislature’s appeal of an order keeping abortion legal in Michigan. Lawmakers’ application for leave to appeal is denied “for failure to persuade the court of the need for immediate appellate review,” reads the order, dated Aug. 24. In response to a lawsuit filed by Planned Parenthood contending Michigan’s law is unconstitutional, Gleicher issued the ruling on May 17. This is one of two legal cases unfolding in the state concerning the tenuous legality of abortion. The Court of Appeals earlier this month found the injunction did not apply to those prosecutors, who are local, not state officials.mlive.com
Judge hears final arguments on temporary order barring prosecutors from enforcing Michigan abortion ban
An Oakland County Circuit Court judge on Thursday continued to hear arguments for and against issuing a preliminary injunction that would continue to block the enforcement of Michigan’s 1931 abortion ban post Roe.
Judge hears arguments on temporary order blocking Michigan prosecutors from enforcing abortion ban
An Oakland County Circuit Court judge on Wednesday afternoon will hear arguments for and against extending a temporary restraining order that is currently blocking the enforcement of Michigan’s 1931 abortion ban post Roe.
Saginaw County prosecutor will treat abortion allegations like any other case
SAGINAW, MI — In the wake of a Michigan Court of Appeals ruling that county prosecutors can enforce a 1931 law banning abortion, Saginaw County’s top law enforcement official has said his office will treat abortion allegations like any other criminal matter. Yet hours after the appellate court’s ruling, a county judge issued a subsequent ruling prohibiting prosecutors from enforcing the 91-year-old law.mlive.com
‘I cannot and will not ignore a validly passed law,’ Kent County prosecutor says of abortion ban ruling
GRAND RAPIDS, MI — Kent County Prosecutor Chris Becker said he appreciates the “clarification” provided by a Michigan Court of Appeals ruling stating that county prosecutors can enforce the state’s 1931 law criminalizing abortion providers. “I cannot and will not ignore a validly passed law,” Becker said in a statement, issued Monday, Aug. 1. “The Michigan Court of Appeals order does not take effect for at least 21 days. Such we’re continuing to evaluate our legal options.”Also Monday, following the appeals court ruling, Gov. Gretchen Whitmer announced that she was requesting a temporary restraining order to prohibit county prosecutors from enforcing the 1931 abortion ban.mlive.com
Michigan Court of Appeals affirms jury’s decision to award $11M to couple in lawsuit
LANSING, MI – The Michigan Court of Appeals has affirmed a jury’s decision in 2019 to award $11 million to a couple in a racial discrimination lawsuit against the Michigan Department of Corrections. Lisa and Cedric Griffey were awarded $11 million following a month-long jury trial that stemmed from a lawsuit filed against the MDOC claiming employment discrimination and retaliation under the Civil Rights Act. The appeal also sought a new trial on the grounds the trial court erroneously admitted improper evidence and that the damages were excessive. After the lawsuit was filed, Cedric Griffey, 57, joined the lawsuit as an additional plaintiff after the MDOC allegedly retaliated against him. “We conclude the that trial court did not abuse its discretion by allowing plaintiffs to display the demonstrative,” the judges wrote on the issue.mlive.com
Shiawassee County Prosecutor’s Office appeals Court of Appeals ruling in Owosso murder case
Related: Owosso murder suspect’s statements should be suppressed, Michigan Court of Appeals saysMonroe is charged with one count of open murder. Read more: Michigan Court of Appeals to decide whether Owosso murder suspect’s statements should be suppressedMonroe was originally transported to Memorial Hospital in Owosso but later transferred to Sparrow Hospital in Lansing for treatment. While at Sparrow Hospital, Monroe was interviewed by two detectives with the Owosso Public Safety Department. Stewart previously ruled that he would allow the statements in as evidence, prompting an appeal to the Michigan Court of Appeals, which overturned the decision. Her case has been on a stay of proceedings since late 2021 because officials were waiting on the Court of Appeals’ decision.mlive.com
Lawsuit alleges Kelley “engaged in insurrection,” ineligible for gov. ballot
A lawsuit filed in the Michigan Court of Appeals Wednesday argues Republican gubernatorial candidate Ryan Kelley should be ineligible for the August ballot because he “engaged in insurrection” at the U.S. Capitol on Jan. 6, 2021. Liberal advocacy group Progress Michigan is funding the lawsuit on behalf of Lee Estes, a voter. The Fourteenth Amendment of the U.S. Constitution bars individuals who have openly rebelled against the U.S. from holding public office. “They were clearly intent on disrupting the certification of the presidential election and somehow making it turn in favor of Trump.”They’re asking the court to force Secretary of State Jocelyn Benson to declare Kelley ineligible for the ballot. The lawsuit uses close to the same evidence compiled by the FBI to arrest and charged Kelley with the four misdemeanors he’s currently facing.mlive.com
Criminal charges reinstated against ex-Ann Arbor priest accused of molesting altar boy
ANN ARBOR, MI – Multiple sexual assault charges filed against a former Ann Arbor and Jackson-area priest accused of regularly molesting an altar boy nearly 30 years ago have been reinstated. The Michigan Court of Appeals issued an order Thursday, June 23, reinstating four felony criminal sexual conduct charges against defrocked Catholic Priest Timothy Michael Crowley.mlive.com
Appeals court denies Jackson judicial candidate’s lawsuit
JACKSON, MI -- A lawsuit filed by a Jackson attorney and district judge hopeful over rejected nominating election petitions has been denied by the Michigan Court of Appeals. Lyons’ lawsuit named the Michigan Board of State Canvassers as a defendant, as well as Jonathan Brater and Jocelyn Benson, in their respective official capacities of Michigan Director of Elections and Michigan Secretary of State. Lyons is among 19 candidates who were disqualified from the ballot by the Michigan Board of State Canvassers on May 26, citing petition errors. By April 18, Lyons filed nominating petitions containing 739 signatures in support of his bid for the court seat, the lawsuit stated. In a response, Lyons cited the board of canvassers’ 2018 ruling in favor of 39th District Court candidate Paul Zyburski, whose nominating petition received an identical challenge.mlive.com
Perry Johnson kept off governor ballot after court rejects his appeal
Perry Johnson’s appeal to get on the governor ballot has been rejected by the Michigan Court of Appeals. Johnson is one of five Republican governor candidates left off the ballot due to not submitting enough valid signatures. RELATED: Michigan blocks 5 from GOP governor ballot – candidates promise lawsuitsJohnson can still appeal to the Michigan Supreme Court. Also on MLive:Perry Johnson kept off governor ballot after court rejects his appealAre childbirth costs covered? Supreme Court says yes, but parents paying bills disagreeUnlock Michigan 2, petition to change health emergency rules, won’t make state ballotmlive.com
3 candidates for governor file lawsuits to overturn their disqualifications
Perry Johnson, James Craig and Michael Markey Jr. have filed three separate lawsuits in two different courts in an attempt to get on the Aug. 2 primary ballot for Michigan governor. Johnson filed Friday in the Michigan Court of Appeals, while Craig and Markey filed over the weekend – Craig in the Michigan Court of Claims and Markey in the Court of Appeals.mlive.com
Owosso murder suspect’s statements should be suppressed, Michigan Court of Appeals says
She was released from the hospital after the interview with detectives and lodged in the Shiawassee County Jail. But while at Sparrow Hospital, Monroe was interviewed by two detectives with the Owosso Public Safety Department. With the Court of Appeals ruling, the Shiawassee County Prosecutor’s office can appeal to the Michigan Supreme Court, Steven Ellis, Monroe’s attorney, previously told The Journal. If it opts not to, the case will be returned to the docket in Shiawassee County Circuit Court. Read more at The Flint Journal:Police investigating suspicious death in OwossoPolice ID man stabbed to death at Owosso homeWoman arraigned on murder charge in stabbing death at Owosso homeMichigan Court of Appeals to decide whether Owosso murder suspect’s statements should be suppressedmlive.com
Court to hear case claiming Ann Arborites are charged millions in illegal fees
ANN ARBOR, MI — The Michigan Court of Appeals plans to hear a legal case claiming Ann Arbor owes city property owners millions of dollars in fees collected illegally. The court denied the city’s motion to dismiss the lawsuit in April, instead ordering that it must proceed to a full hearing on the merits, but first it wants a Washtenaw County judge to review the facts and report back findings.mlive.com
Judge says Flint water prosecutors must continue to work on taint team while appeal is pending
FLINT, MI -- A Genesee County Circuit Court judge has ordered state prosecutors to continue work on protocols for developing a taint team to review documents tied to Flint water crisis criminal cases but will allow for a pause in filtering additional materials related to the cases until the Michigan Court of Appeals rules on her actions. Judge Elizabeth A. Kelly issued the order on Monday, March 7, in the seven water prosecutions pending in her courtroom. “The Court finds no reason to halt the process of establishing a protocol for implementing a taint team. Flint water prosecutors claim the requirement that they establish a taint team to filter evidence would cost taxpayers millions of dollars and could delay nine pending criminal cases for years. Read more:Judge’s decision could cost millions, delay Flint water cases for years, prosecutors warnJudge orders prosecutors to weed out privileged documents in Flint water casesAttorney for Snyder says grand jury evidence against former governor may be ‘tainted’mlive.com
Jackson woman convicted in 2015 murder to be resentenced – again
JACKSON, MI -- Dawn Dixon-Bey is set to be sentenced for the third time for the same crime. “We again vacate defendant’s sentence and remand for resentencing before a different judge,” the Michigan Court of Appeals ruled Feb. 1.mlive.com
Court knocks judge, suggests he's in 'wrong line of work'
A maverick judge in Michigan known for ripping into criminal defendants is catching criticism again from a higher court. The Michigan Court of Appeals suggested Jackson County Judge John McBain is ripe for a misconduct investigation for how he handled the sentencing of a woman convicted of killing her boyfriend on Valentine's Day 2015. “If a trial judge is unable to follow the law as determined by a higher appellate court, the trial judge is in the wrong line of work,” the appeals court said in a 3-0 opinion Tuesday.news.yahoo.com
Woman who slipped on lemon at Detroit’s Old Shillelagh loses appeal
DETROIT -- A woman who claimed she was injured after slipping on a lemon wedge has failed to revive her lawsuit against a popular Detroit tavern. A Michigan Court of Appeals decision affirmed a lower court’s decision in favor of Old Shillelagh, a decades-old Irish pub in Detroit’s Greektown. She also added that she did not notice the lemon wedge before she fell because of the dim lighting in the bar. But the appeals court said in its decision that Nagel failed to show that Old Shillelagh staff actually knew that the lemon had created a dangerous condition. John Brady opened the Old Shillelagh in February of 1975.mlive.com
Ex-Michigan State University president won’t face trial for alleged lies in Nassar investigation
The Michigan Court of Appeals this week delivered two blows to the state Attorney General’s office and its efforts to prosecute Michigan State University officials suspected of covering up Larry Nassar’s sexual abuse years before it became public knowledge. After a split decision overturning the conviction of former gymnastics Coach Kathy Klages, who young gymnasts said they reported Nassar to in 1997, the three-judge Court of Appeals unanimously ruled former MSU President Lou Anna K. Simon should not face criminal charges for allegedly lying to investigators about what she knew and when.mlive.com
Michigan court won’t order Ivermectin treatment for hospitalized man with COVID-19 on ventilator
ANN ARBOR, MI – Michigan’s high court will not order an Ann Arbor hospital to administer a controversial drug to a man in intensive care diagnosed with COVID-19 and after effects of the illness. The man was placed on a ventilator on Nov. 17 while doctors continued to treat the infection, as well as other ongoing ailments, by administering Remdesivir, steroids and antibiotics, court records show. The man’s daughter and patient advocate was searching for additional possible treatments for her father when she learned of Ivermectin, records show. Although some physicians across the country have prescribed Ivermectin to treat COVID-19, the Food and Drug Administration has not approved Ivermectin for use in treating COVID-19. The U.S. Centers for Disease Control and Prevention recommends against its use to treat COVID-19 and the hospital’s internal policy does not permit the use of Ivermectin to treat COVID-19, court records show.mlive.com
New lawsuit seeks millions of dollars in fee refunds for Ann Arbor residents, businesses
ANN ARBOR, MI — Ann Arbor is facing another lawsuit claiming the city owes property owners throughout the city millions of dollars in fees collected illegally, a claim the city contests. The city has retained special legal counsel to fight the new lawsuit over the city’s stormwater fees in the Michigan Court of Appeals. City Council voted unanimously at its last meeting to OK a $90,000 legal services contract with Rosati, Schultz, Joppich and Amtsbuechler P.C. to defend the city.mlive.com
Appeals court rejects state’s efforts to dismiss Edenville flooding cases
MIDLAND COUNTY, MI - The Michigan Court of Appeals rejected an appeal by the State of Michigan Monday, Nov. 8 in a decision that will once again allow Edenville flooding cases to move forward, according to a news release from a law firm representing victims. In May, a Michigan Court of Claims judge denied a motion from the state to dismiss residents’ cases, writing that the state’s governmental immunity does not apply to “inverse condemnation,” the claim at the heart of the lawsuits. Now that the appeals court has denied the state’s appeal of that decision, the cases will return to the Court of Claims for future proceedings, according to a news release from Ven Johnson Law.mlive.com
Michigan Court of Appeals overturns conviction in 1993 murder case
The Michigan Court of Appeals has overturned a conviction of a man serving life in prison for a 1993 murder. The court overturned the 2014 murder conviction of Johnny Kennedy because a judge did not allow Kennedy’s lawyer to hire a DNA expert at public expense. Kennedy was found guilty of killing a woman in 1993 in Detroit after police linked DNA on the victim’s body to him. Prosecutors are now asking the state Supreme Court to look at the case. More: Local coverage news
Appeals court: Trump election challenge in Michigan is ‘moot’
LANSING, Mich. – The Michigan Court of Appeals turned down an appeal Friday from President Donald Trump’s campaign in a challenge to how absentee ballots were handled in Detroit and other issues. In a brief order, the court said the lawsuit fails because Michigan’s election results, including Joe Biden’s 154,000-vote victory over Trump, were certified on Nov. 23, a week before the campaign filed an appellate brief. “Because plaintiff failed to follow the clear law in Michigan relative to such matters, their action is moot,” Judge Stephen Borrello said in a 2-1 order. There has been no evidence of widespread fraud in the 2020 election. More: 2020 election news
In reversal, Wayne County Board of Canvassers unanimously approve certification of election votes
DETROIT – The Wayne County Board of Canvassers has reversed its vote on Tuesday and unanimously approved to certify election votes hours after it was split. READ: Deadlocked Wayne County Board of Canvassers fails to certify election resultsREAD: Judge denies GOP lawsuit to halt certification of Detroit election resultsThe lawsuit, filed by a group of Republican challengers, was based on allegations of fraud, surrounding the count at the TCF Center in downtown Detroit. The lawsuit was initially denied by a Wayne County judge on Friday, saying that it was “incorrect and not credible.”Lawyers appealed and were rejected on Monday. The state Court of Appeals said it wasn’t convinced the Wayne County judge made a mistake by refusing to stop the work of county canvassers. That means efforts to stop the certification of Detroit area votes hit a road block.
Deadlocked Wayne County Board of Canvassers fails to certify election results
Detroit – The Wayne County Board of Canvassers is deadlocked on Tuesday with a 2-2 vote on the decision to certify election votes. The state Court of Appeals said it wasn’t convinced the Wayne County judge made a mistake by refusing to stop the work of county canvassers. — Jocelyn Benson (@JocelynBenson) November 18, 2020“In refusing to approve the results of the election in Wayne County, the two Republican members of the Wayne County Board of Canvassers have placed partisan politics above their legal duty to certify the election results,” Gov. The actions of Palmer and Hartman disrespects and disregards the voters of Wayne County, the incredibly hard work of the dedicated poll workers and clerks of Wayne County all in the name of partisan showboating. Once this is established, I will, of course, accept the will of the voters.”Statement from Wayne County Executive Warren C. Evans:"The voters of Wayne County have spoken, but apparently two of the four members of the Wayne County Board of Canvassers refused to hear them.
Michigan Court of Appeals rejects lawsuit requesting delay of election certification in Wayne County
DETROIT – The Wayne County Board of Canvassers will move forward with certifying election votes after the Michigan Court of Appeals rejected a request to delay certification. UPDATE Nov. 19, 2020: Trump campaign withdraws federal lawsuit challenging Michigan election resultsA lawsuit, filed by a group of Republican challengers, asked the court to require an independent audit of votes cast by people in Wayne County. The state Court of Appeals said it wasn’t convinced the Wayne County judge made a mistake by refusing to stop the work of county canvassers. The Wayne County Board of Canvassers will meet Tuesday afternoon to vote on certifying election results. UPDATE: Michigan: GOP canvassers can’t legally rescind Wayne County election certification vote
Trump campaign files lawsuit to halt Michigan ballot counting, demands access to observe
There is no evidence of any nefarious activity in Michigan, as ballot counting delays were expected, given the massive increase in absentee voting. The latest vote counts in Michigan and Wisconsin gave Biden a small lead in those states, but it was still too early to call the races. Top advisers for both Biden and Trump on Wednesday morning expressed confidence that they respectively had the likelier path to victory in the outstanding states. Trump picked up Florida, the largest of the swing states, while Biden flipped Arizona, a state that has reliably voted Republican in recent elections. You can review the official complaint filed Wednesday on behalf of Donald J. Trump for President, Inc.Latest on local and national races
Michigan court blocks 2-week absentee ballot extension
DETROIT – Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter. Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. The case was heard by appeals court judges Boonstra, Michael Gadola and Thomas Cameron.
Michigan appeals court: SOS Benson’s mass mailing of absent ballot applications OK
When Benson announced the mass mailing, she was criticized by President Donald Trump, who wrongly stated that she was sending absentee ballots, not applications. The previous record for absent voter ballots cast in a Michigan election was 1.3 million in the 2016 Presidential Election. Already, about 2.3 million absentee ballots have been requested for the fall election, which Benson said puts Michigan on track to receive more than 3 million that are completed. Of the 7.7 million registered voters in Michigan, about 5 million are expected to participate in the upcoming election, officials said in August. About 10,000 absent voter ballots were rejected in Michigan’s Primary Election in August.
Michigan Court of Appeals to review Detroits absentee ballot precinct inaccurate count
DETROIT An activist is suing Michigan Secretary of State Jocelyn Benson for an inaccurate count reported from Detroits absentee ballot precincts in the August primary. The Michigan Court of Appeals has agreed to hear the case. Robert Davis, who is suing Benson over the miscount and attended the canvass of Detroits votes, said he had no choice. During the primary election, 72 percent of Detroits absentee ballot precincts had an inaccurate count. If the books dont match that means a recount is not legally possible which in a tight race is problematic.
Michigan Court of Appeals orders immediate release of 15-year-old Grace'
DETROIT On Friday, the emergency motion for immediate release was granted for a 15-year-old known as Grace by the Michigan Court of Appeals. The Michigan teen had been detained for not completing her online homework, a condition of her parole. Even celebrities called for the teens release. Democratic Michigan Congressman, Andy Levin, who first called on the court to review the case after the story broke sent a statement on her release. In the interim, they are both extremely and deeply appreciative of the outpouring of support from around the country, and for Graces release; she is anxious to be with her family.Democratic Congresswoman Debbie Dingell Tweeted on the teens release.
Local 4 News at 5 -- July 31, 2020
Heres whats coming up on Local 4 News at 5:Court of Appeals orders immediate release of 15-year-old known as GraceThe Michigan Court of Appeals has ordered the immediate release of a 15-year-old girl known as Grace. She was being held in a juvenile jail in Pontiac for violating her probation, the therms of which included having to do her homework.
Michigan vaping case heads to Supreme Court after order blocks state ban on flavored e-cigarettes
LANSING, Mich. - Michigan's vaping case is heading to the Supreme Court after the state's ban on flavored e-cigarettes was blocked by the Court of Claims. Gretchen Whitmer filed an application Friday for emergency leave with the Michigan Court of Appeals and asked the Michigan Supreme Court to take the case directly. Last week, the Court of Claims issued an order blocking the Michigan Department of Health and Human Services' ban on flavored nicotine vaping products. I'm hopeful that the Supreme Court will immediately take up this case so we can ensure our kids' safety." The governor ordered MDHHS to ban the sale of flavored vaping products in stores and online.
Macomb County man convicted of raping 12-year-old girl in 1994 won't get parole
MACOMB COUNTY, Mich. - The Michigan Court of Appeals ruled Thursday that a Macomb County man convicted of raping a 12-year-old girl won't get parole. Richard McBrayer was convicted in 1994 of two counts of first-degree criminal sexual conduct and sentenced to 20-40 years in prison. McBrayer, 61, was 36 years old when he pleaded guilty to raping the child multiple times over two years. Macomb County Prosecutor Eric Smith filed an emergency motion to appeal the decision. Smith also appealed McBrayer's parole in 2011 and 2013.