US court dismisses Warren mayorโs plea for special election after he was barred from running again
A federal court has dismissed Warren Mayor Jim Foutsโ lawsuit seeking to permit him to run for a fifth term in 2023, which courts have already barred him from doing due to the cityโs new term limits.
Hereโs the text message timeline between Oxford shooter, his parents, friend leading up to shooting
In its decision to uphold a ruling that sends the parents of the Oxford High School shooter to trial on involuntary manslaughter charges, the Michigan Court of Appeals laid out specific details that give more insight into events that preceded the shooting.
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 Michiganโs 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 Michiganโs 1931 abortion ban post Roe.
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 Kennedyโs 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 victimโs 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 โmootโ
LANSING, Mich. โ The Michigan Court of Appeals turned down an appeal Friday from President Donald Trumpโs 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 Michiganโs election results, including Joe Bidenโs 154,000-vote victory over Trump, were certified on Nov. 23, a week before the campaign filed an appellate brief. โBecause plaintiff failed to follow the clear law in Michigan relative to such matters, their action is moot,โ 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 โ 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 โincorrect and not credible.โLawyers appealed and were rejected on Monday. The state Court of Appeals said it wasnโt 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 โ 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 wasnโt convinced the Wayne County judge made a mistake by refusing to stop the work of county canvassers. โ Jocelyn Benson (@JocelynBenson) November 18, 2020โIn 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,โ 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.โStatement 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 โ 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 wasnโt 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 canโt 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 โ 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 Bensonโs 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 Michiganโs 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.