MICHIGAN COURT OF APPEALS

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.

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.

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 ballot

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.

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 suppressed

The Michigan Court of Appeals has opened the door to abortion opponents who are trying to overturn a recent decision that suspended the state’s long-dormant ban on the procedure.

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.

The lawsuit was filed by Republican attorney general candidate Matt DePerno, a conspiracy theorist endorsed by Trump

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’

Stephen Henderson talks to Michigan Court of Appeals Judge Cynthia Stephens about retiring after 14 years & Black representation on the bench.

Both the plaintiffs and the defendants appealed rulings in the lawsuit over trees that were cut down along a property line near Hudson.

A Jackson County judge known for ripping into criminal defendants is catching criticism again from a higher court.

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.

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.

A maverick judge in Michigan known for ripping into criminal defendants is catching criticism again from a higher court.

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.

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.

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.

The Michigan Court of Appeals has ruled that a hospital can’t be forced to treat a COVID-19 patient with the controversial anti-parasite medication ivermectin. The...

The Michigan Court of Appeals won’t order a hospital to use a deworming drug to treat a man who has health problems related to COVID-19.

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.

Residents complaining about foul odors from a sugar beet processor in Bay City have a lost a key decision at the Michigan Court of Appeals.

Larry Allen Moore Jr., 52, has been in prison since his conviction in the strangulation death of Connie Probst, who was raped and killed in 1986.

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.

A woman whose 20-year-old son was buried before she arrived at a Flint-area cemetery has failed to persuade the Michigan Court of Appeals to reinstate her claims of intentional emotional distress.

The Michigan Court of Appeals on Friday again struck down major changes to the state's ballot drive law, including a limit on how many voter signatures can come from any one region.

ROGERS CITY, MI -- A pair of American bulldogs have been ordered to be euthanized by the Michigan Court of Appeals after they were blamed for killing a horse in Presque Isla County in 2019. According to the Associated Press, the dogs were found inside of a barn owned by Charles Kendziorski. The dogs were covered in blood and the horse was so badly wounded by whatever attacked it, that Kendziorski had to have the horse put down. The dogs had escaped from their home a few hours prior to being found. “Given this evidence, a reasonable fact-finder could conclude that defendant’s dogs had attacked the horse.”In her dissent, Judge Amy Ronayne Krause argued that there was no evidence that the dogs actually attacked the horse and it could be possible that the dogs fought off the actual attacked.

Two dogs blamed for an attack on a horse in the northern Lower Peninsula can be put to death, the Michigan Court of Appeals said.

YPSILANTI, MI – Two men sentenced to spend the rest of their lives in prison for killing a man during a planned robbery in Ypsilanti are not getting new trials. The Michigan Court of Appeals affirmed Thursday, Aug. 5, the convictions of Marcus Tyree Lashawn Walker and Rico Montez Chandler for their roles in the slaying of Dominique Lee who was shot and killed during a planned robbery in Ypsilanti in 2017. Both were accused of killing the 28-year-old man at an Ypsilanti housing complex on June 8, 2017, in a suspected narcotics-related shooting. At trial, the witness claimed he heard walker speaking with who he believed to Chandler discussing the fatal robbery. Additionally, the court ruled jurors were well aware of issues regarding the witness’s credibility during the trial before rendering a guilty verdict.

Attorneys representing the Hullibarger family of Temperance say they plan to appeal the ruling.

The Michigan Court of Appeals says a priest who criticized a teenager’s suicide during his funeral is protected by the religion clauses of the First Amendment.

The Michigan Court of Appeals ruled in favor of Consumers Energy, DTE Energy and the Michigan Public Service Commission – which advocated for the fee to continue – in 2020. It was appealed to the Michigan Supreme Court, which declined to hear the case in April. Residential Customer Group has raised privacy and safety concerns with the smart meters, but the Court of Appeals said the arguments had no merit. The MPSC supports the surcharge because of the added costs that come with analog meters, Helms said. “The surcharges cover a utility’s costs for maintaining and continuing to support analog meters,” Helms said in an email.

FLINT, MI -- An objection to district court proceedings in the Flint water crisis settlement case has been denied by the Michigan Court of Appeals. Related: Flint water crisis attorneys question judge over private meetings, missing letterTwo days after the meeting, Pitt wrote to the judge, indicating his “unequivocal support for the settlement” despite “concerns about the accessibility” of bone lead scanning for Flint residents. The $641-million water crisis settlement is the result of mediation between the state of Michigan and attorneys for Flint residents who claim they were harmed by Flint water when the city used the Flint River as its drinking water source in parts of 2014 and 2015. Other defendants, including the U.S. Environmental Protection Agency and two Flint water consultants, declined to settle the cases against them, which are scheduled to continue to be litigated in court. Read more on MLive:Final approval of Flint water crisis settlement requested in federal courtReview of Flint water crisis grand jury documents expected to be completed next weekThose charged with Flint water crimes say they’re being stonewalled by Michigan AGJudge Elizabeth Kelly to preside over the most serious Flint water casesNo district court hearing required for Flint water defendants charged with felonies, Genesee County judge rulesJudge orders Michigan AG not to disclose Detroit bankruptcy mediation documents

ANN ARBOR, MI — The Michigan Court of Appeals has dismissed an appeal claim by polluter Gelman Sciences in the legal case over Gelman’s dioxane pollution in Ann Arbor. Gelman’s separate “application for leave to appeal” and a motion to pause implementation of Connors’ cleanup order are still pending with the Court of Appeals. The plume has since spread for miles, poisoning and posing threats to drinking water supplies, among other concerns as it’s showing up in shallow groundwater in Ann Arbor. Unless overturned on appeal, Connors plans to hold quarterly hearings in the case and hold Gelman to his order. MORE FROM THE ANN ARBOR NEWS:Judge orders new cleanup and monitoring protocols for Ann Arbor dioxane plumeHuron River watershed group applauds judge’s ruling in Gelman plume caseHow they voted: Ann Arbor City Council vote breakdown for June 2021Plans submitted for 561-unit housing development on Ann Arbor’s north sideIllustrator unveils conceptual design for downtown Ann Arbor central park

GOODRICH, MI -- Sherry Ann Moore isn’t losing her seat on the Goodrich Village Council, but the Michigan Court of Appeals says she should never have been allowed to run for the job in first place. In a published opinion Thursday, June 24, the Appeals Court said Genesee Circuit Court Judge Mark W. Latchana erred when he issued a writ of mandamus, ordering the Genesee County Election Commission to allow Moore to amend required paperwork she filed to appear on the ballot after the deadline for making such changes had passed in 2020. The Election Commission refused to certify Moore’s name on the ballot because she failed to check a box stating that she was a citizen of the United States and met the statutory and constitutional requirements of the office she sought and was ultimately elected to. Moore sued the Election Commission and county Clerk-Register John Gleason, leading to Latchana’s decision. Read more on MLive:Disqualified Genesee County candidates ask judge to put them back on primary ballotGenesee County Election Commission appeals judge’s decision to allow candidate on ballotGet an HIV test, get entered in Genesee County gift card raffle

KALAMAZOO, MI – A Kalamazoo man found guilty of beating another man to death had his conviction affirmed by the Michigan Court of Appeals. RELATED: Man gets life sentence for killing alleged marijuana robber, plans to appealBranham appealed his conviction to the Michigan Court of Appeals. Court of appeals judges Brock Swartzle, Jane Markey and Jonathan Tukel affirmed Branham’s jury conviction in a June 3 opinion. Because Branham’s attorney said he had no corrections, he waived his right for the appeals court to review the alleged error, the opinion said. The appeals court also did not agree with Branham’s arguments that his attorney was ineffective and that there wasn’t sufficient evidence.

A judge exceeded his authority when he barred a Flint-area prosecutor from making a beneficial deal with four teens charged in a fatal rock-throwing incident above Interstate 75, the Michigan Court of Appeals said.

White will have manslaughter charges against them dropped and brought back in juvenile court following a Michigan Court of Appeals ruling. Gray, 18, and Mikadyn M. Payne, 19, that would allow the case to move down to juvenile court. Related: Prosecutors want to move rock-throwing cases to juvenile courtThe teenagers are charged in the Oct. 18, 2017 death of 32-year-old Kenneth A. The opinion by the majority in the Appeals Court ruling is that the prosecutor’s request to move to dismiss charges and move the case to juvenile court was within the scope of Genesee County Prosecutor’s Office’s authority. In the dissenting opinion on the Court of Appeals decision, Judge Cynthia Diane Stephen wrote: “It is important to focus on when the prosecution asked for dismissal in the instant case.

The court affirmed the board’s approval of seven petitions, six seeking to recall Whitmer and one seeking to recall Lt. Gov. One additional recall petition was remanded to correct a “scrivener’s error” in stating the date on which an order was issued. The Whitmer campaign plans to appeal the decision, according to campaign spokesperson Mark Fisk. A group called the Recall Whitmer Movement had a number of petitions approved but focused its signature-collection efforts on one about nursing homes this winter. Whitmer a ‘David versus Goliath scenario’ as multiple groups begin the processMan behind Whitmer recall abandons effort, despite court ruling in his favor

SAGINAW, MI — When he was just 15, Richard G. Musselman and two friends went on a racially motivated “shooting rampage” in Saginaw County, killing two Black men and wounding a Black woman. A judge in August 1980 sentenced Musselman to four concurrent terms of life in prison without the possibility of parole. Jackson concluded that while a juvenile offender may rarely be sentenced to life without parole, Musselman’s case was among those rare instances. The protection of society, punishment, and deterrence weighed against giving Musselman a new sentence that would allow for his potential parole, Jackson ruled. Varney was convicted of involuntary manslaughter and was sentenced to 10 to 15 years in prison.

TRAVERSE CITY — A Michigan Court of Appeals decision released Thursday strikes down a loophole Traverse City school officials argued should exist in Michigan’s transparency laws. A binding state precedent prohibiting such action is now in the books after the Court of Appeals published its decision. “This decision is a pivotal win for the future of government transparency in Michigan,” said Record-Eagle Executive Editor Nate Payne. However, Luce-Herrmann added the caveat that the Michigan Supreme Court could overturn the decision if TCAPS appeals the ruling. Those demanding change from the board formed TCAPS Transparency, a group that spearheaded recall efforts against three sitting trustees.

The Michigan Court of Appeals affirmed the conviction of a man who was charged under an anti-terrorism law when he called a sheriff’s office and said it was going to be “hashtag Las Vegas” if he didn’t get money for a workplace injury, just...

Republican ex-State Rep. Todd Courser and his lawyer agreed to pay The Detroit News $20,000 in a settlement agreement that concludes a lawsuit.

ANN ARBOR, MI – A man who pleaded guilty to trying to rob an undercover narcotics officer at gunpoint will not have his case heard by the state’s high court. The Michigan Supreme Court issued an order Tuesday, April 27, declining to hear the appeal of Scott Michael Allen who pleaded guilty to multiple felony charges for trying to rob an undercover narcotics officer at gunpoint during a drug deal in 2017 in Washtenaw County. The order stated the court was “not persuaded that the questions presented should be reviewed by this court.”The Michigan Court of Appeals previously denied hearing his appeal as well, stating it lacked merit, court records show. The officer agreed to meet Allen in the 9400 block of MacArthur Boulevard in Superior Township to buy drugs, but when the undercover officer pulled up and parked his car, Allen jumped in the backseat, armed and without warning, police said. The undercover officer quickly identified himself and chased Allen out of the vehicle, police said.

DETROIT – The practice of holding murder suspects without bail could be ending in Michigan, The Associated Press reports. The Michigan Court of Appeals issued a 3-0 decision last week that could lead to suspects being released on bond while awaiting a murder trial, AP reports. A state bail law conflicts with the constitution, giving judges more discretion to hold defendants without bail. The court was looking at the case of Reginald Davis who is charged with first-degree murder in a 2020 drive-by shooting in Detroit. Another look, at the direction of the Michigan Supreme Court, led to the latest decision Thursday.

The Michigan Court of Appeals has turned aside the latest challenge to a state law that forces criminal defendants to pay millions of dollars a year to partially cover the costs of running local courts.

The Michigan appeals court says a Battle Creek woman convicted of her daughter’s death nearly 20 years ago has presented enough new evidence to get a second trial.

LANSING, MI — The Michigan Court of Appeals has ruled a Battle Creek woman convicted of killing her baby daughter nearly 20 years ago is to receive a new trial. In 2003, Tonia J. Miller was convicted by a Calhoun County jury of second-degree murder in the death of her 11-week-old child, Alicia Duff. The baby “arched backward” and formula came out of her nose, Miller testified. She denied having shaken Alicia violently or with intent to injure her. At the trial, three medical experts testified Alicia suffered subdural bleeding, a cerebral edema, and retinal hemorrhages that met the diagnostic criteria for shaken baby syndrome.

JACKSON, MI – A Jackson County man convicted of abusing a girl will not get a new hearing. Randy Scott Stevens, now 51, was convicted of six counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct in April 2015. Stevens asked the Michigan Supreme Court for a new evidentiary hearing in the case, after the Michigan Court of Appeals dismissed Stevens’ attempt in September to appeal their affirmation of his conviction in December 2016. He was tried alongside James Tingley, 76, who was sentenced to 25-50 years in prison for one count of first-degree criminal sexual conduct, 25-50 years on three counts of first-degree criminal sexual conduct, 20-40 years on two counts of first-degree criminal sexual conduct and 15-22 years of two counts of second-degree criminal sexual conduct. Read more from MLive:Resident saw flames shooting from windows of Jackson County house destroyed in fireFamily loses home, dog in Jackson County fireJackson man dies in single-car crash

JACKSON, MI – The Jackson Police Department and Jackson County Prosecutor’s Office knowingly violated attorney-client privilege in the arson case against LGBTQ rights activist Nikki Joly, the Michigan Court of Appeals has ruled. Emails not allowed as evidence in Nikki Joly arson case, appeals court saysThe ruling can be appealed to the Michigan Supreme Court. “We are reviewing the decision and we’ll decide whether to appeal it or not in the next couple weeks,” Jackson County Prosecutor Jerry Jarzynka said. “This can only be characterized as a deliberate intrusion into the substance of the attorney-client relationship.”The appeals court also denied the prosecutor’s request for an evidentiary hearing. Now, this Jackson woman keeps that from happening to othersNewly eligible Jackson County residents being scheduled for COVID vaccination as supply allows

DETROIT – A Detroit-area man convicted of murder was granted a new trial after a state prisoner claimed he pulled the trigger, the Michigan Court of Appeals said Thursday. Thelonious Searcy, 41, has served more than 15 years of a life sentence for a 2004 fatal shooting, Ed White reports for The Associated Press. Evidence also shows that a bullet taken from the victim did not match a gun confiscated from Searcy, the report said. Prosecutors are considering an appeal to the Michigan Supreme Court to potentially uphold Searcy’s conviction, the report said. READ MORE:Woman carjacked at knifepoint in high school parking lot$60K found hidden in woman’s sanitary pads at Detroit Metro Airport

DETROIT – A man who has served nearly 50 years for a murder committed when he was a teenager is on a path to eventual release. The Michigan Court of Appeals on Thursday handed down a major victory for 66-year-old David Bennett when it ruled that a Wayne County judge violated his rights when citing mental health as a reason to keep him in prison without parole, The Associated Press reports. Now a “productive, stable and peaceful adult,” Bennett has even saved more than $40,000 through various jobs, the court said. At 17 years old, Bennett was automatically sentenced to life imprisonment without parole in 1972 for the fatal stabbing of Vivian Berry, the report said. Prosecutors have not said if they will appeal this week’s at the Michigan Supreme Court, the report said.

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

The Michigan Court of Appeals has rejected a lawsuit filed by President Donald Trump’s campaign over Michigan election results, deeming the legal effort “moot.”In a ruling issued late Friday, Dec. 4, a three-judge panel ruled they would not hear an appeal from Trump’s campaign to an earlier Court of Claims decision. Judge Stephen Borrello authored the brief ruling, essentially saying Trump’s lawyers missed filing deadlines to make a legal challenge. It wasn’t immediately clear Friday evening if the Trump campaign would appeal to the Michigan Supreme Court. Trump lost the election in Michigan to President-elect Joe Biden by about 150,000 votes. The Trump campaign lawyers wanted the Court of Appeals to intervene following a Nov. 5 ruling from Court of Claims Judge Cynthia Stephens.

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

However, Baase said he doesn’t plan to continue the recall effort for the governor. “With the other cause, the Recall Whitmer Movement, it would create too much confusion if there were more than one out there. The court also rejected arguments that the recall petition wasn’t sufficiently clear. “This court exercises judicial restraint when reviewing the clarity of recall petitions because the Michigan Constitution reserves the power of recall to the people, and laypersons often draft recall petitions,” the judges wrote. MLive attempted to contact representatives of the Recall Whitmer Movement for an update on their recall attempt, but messages were not immediately returned Thursday.

The Michigan Supreme Court denied a motion Monday seeking to stop the certification of Wayne County’s election results to audit the election. Plaintiffs Cheryl Costantino and Edward McCall filed the lawsuit seeking to discredit Detroit’s election results with accusations of fraud. Their requests for an injunction, a protective order and an independent audit were previously rejected in Wayne County Circuit Court and the Michigan Court of Appeals. Monday’s Supreme Court decision only affects the part of the lawsuit seeking a preliminary injunction to halt election certification until an audit could be done. Trump’s lawyers lost a Michigan Court of Claims case earlier this month and have yet to appeal it.

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.

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.

The Court of Appeals said late Monday that the plaintiffs don’t have enough evidence of “manifest error” in Kenny’s ruling. The lawsuit alleges widespread voter fraud at Detroit’s TCF Center where absentee ballot vote counting took place. He’s asking for an independent audit, the voiding of the Detroit results or a new election. None of the Republican lawsuits have won a Michigan court battle yet. RELATED STORIESAs one Michigan lawsuit challenging election results is dropped, another is filedMichigan Judge says Republicans' claims are ‘incorrect and not credible’ in voter fraud lawsuitRepublicans in voter fraud lawsuit ‘don’t understand how elections function,’ city of Detroit says in responseFormer Secretary of State calls for independent audit of election results in Michigan voter fraud lawsuit

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

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

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.

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.

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.

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.

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.

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, 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.