lengthy analysis in Michigan

2022The majority, in a lengthy analysis of the history of the rule, determined that language extending the benefit of prejudice-weighing to the “defendant” was intended to new effect-of-adoption provision became effective on the same day, January 1, 1975. 1974 PA 266 ; 1974 PA 296 . 5 Compare Chapman v United States, 500 US 453, 454 ; 111 S Ct 1919 ; 114 L Ed 2d 524 (1991), in which the Supreme Court declined to apply the absurd-results doctrine to a statute that imposed a mandatory minimum sentence for distributing more than one gram of a “mixture or substance” containing LSD.

2022The majority, in a lengthy analysis of the history of the rule, determined that language extending the benefit of prejudice-weighing to the “defendant” was intended to new effect-of-adoption provision became effective on the same day, January 1, 1975. 1974 PA 266 ; 1974 PA 296 . 5 Compare Chapman v United States, 500 US 453, 454 ; 111 S Ct 1919 ; 114 L Ed 2d 524 (1991), in which the Supreme Court declined to apply the absurd-results doctrine to a statute that imposed a mandatory minimum sentence for distributing more than one gram of a “mixture or substance” containing LSD.

2020Because the United States Supreme Court in Miller v Alabama, 567 US 460 ; 132 S Ct. 2455; 183 L Ed2d 407 (2012), held unconstitutional the imposition of mandatory LWOP sentences on juveniles, the circuit court held a lengthy hearing on September 19, 2018.

2020On May 11, 1977, the trial court sentenced defendant to life without parole (LWOP) for both offenses.1 Because the United States Supreme Court in Miller v Alabama, 567 US 460 ; 132 S Ct. 2455; 183 L Ed2d 407 (2012), held unconstitutional the imposition of mandatory LWOP sentences on juveniles, the circuit court held a lengthy hearing on September 19, 2018.

2026“When an appellant fails to dispute the basis of the trial court’s ruling, this Court need not even consider granting plaintiffs the relief they seek.” Derderian v Genesys Health Care Sys, 263 Mich App 364, 381 ; 689 NW2d 145 (2004) (quotation marks, citation, and alteration omitted).

2026“When an appellant fails to dispute the basis of the trial court’s ruling, this Court need not even consider granting plaintiffs the relief they seek.” Derderian v Genesys Health Care Sys, 263 Mich App 364, 381 ; 689 NW2d 145 (2004) (quotation marks, citation, and alteration omitted).

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2025If any of the underlying facts, such as the number of hours spent in preparation, are in dispute, the trial court should make findings of fact regarding the disputed issues. [Olson v Olson, 256 Mich App 619, 636 ; 671 NW2d 64 (2003), quoting Howard v Canteen Corp, 192 Mich App 427, 437-438 ; 481 NW2d 718 (1991), overruled on other grounds by Rafferty v Markovitz, 461 Mich 265 ; 602 NW2d 367 (1999) (ellipses and alterations in Olson).] Here, the Special Master did exactly that; he conducted a lengthy hearing during which several witnesses were placed under oath.

2024In resolving defendant’s challenge to the trial court’s ruling on that matter, “[w]e review de novo as a matter of law whether the police entrapped a defendant, but the trial court’s specific findings of fact are reviewed for clear error.” People v Vansickle, 303 Mich App 111, 114 ; 842 NW2d 289 (2013).

2024In resolving defendant’s challenge to the trial court’s ruling on that matter, “[w]e review de novo as a matter of law whether the police entrapped a defendant, but the trial court’s specific findings of fact are reviewed for clear error.” People v Vansickle, 303 Mich App 111, 114 ; 842 NW2d 289 (2013).

2018After review of these confidential records, this Court concludes that the trial court's finding was not against the great weight of the evidence because the facts do not "clearly preponderate in the opposite direction." Shade , 291 Mich. App. at 21 , 805 N.W.2d 1 .

2018After review of these confidential records, this Court concludes that the trial court's finding was not against the great weight of the evidence because the facts do not "clearly preponderate in the opposite direction." Shade , 291 Mich. App. at 21 , 805 N.W.2d 1 .

2015And they gathered that information by physically entering and occupying the area to engage in conduct not explicitly or implicitly permitted by the homeowner. [Id. at_; 133 S Ct at 1414 .] The United States Supreme Court then went on, however, to engage in a lengthy analysis of whether Jardines had “given his leave” for the police and the dog to be on his front porch.

2014In Callington, 123 Mich App at 306 , this Court determined that a prosecutor’s remarks to the trial court, in the presence of a defense witness, that he intended to possibly charge the witness with a new offense or to institute probation violation proceedings that could result in a life sentence, were intimidating and, combined with a lengthy warning to the witness by the trial court, effectively drove the witness from the witness stand.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses. [12] In People v Marble, 38 Mich 117 (1878), defendant wife aided and abetted an assault upon her husband and the murder of the husband's companion.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses. [12] In People v Marble, 38 Mich 117 (1878), defendant wife aided and abetted an assault upon her husband and the murder of the husband's companion.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses. [12] In People v Marble, 38 Mich 117 (1878), defendant wife aided and abetted an assault upon her husband and the murder of the husband's companion.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses. [12] In People v Marble, 38 Mich 117 (1878), defendant wife aided and abetted an assault upon her husband and the murder of the husband's companion.

1986In response to People v Quanstrom, 93 Mich 254 ; 53 NW 165 (1892), prosecutions for bigamy were excepted by 1897 PA 212 . 1915 PA 314 , ch xvii, § 67, added suits for divorce. 1939 PA 82 added an exception for crimes committed against the children of either or both spouses.