finding of clear error (Michigan) · Go Syfert
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finding of clear error in Michigan

8 Michigan opinions name it 2 courts 2014–2021 2 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Miller-El v. Dretkegreen
scotus · 2005 · cited in 2 Michigan opinions naming this issue, 2021–2021
2 sentences

2021But when we are not left with a definite and firm conviction that the trial court made proposition taken in the opinion to reverse: that we can ignore the deferential standard of review appellate courts have long given to trial court findings on the issue of discriminatory intent in the context of a Batson challenge. 56 See Miller-El, 545 US at 244 (explaining that considerations applicable to this fact- finding process include statements by the prosecutor that “mischaracterized [the] testimony” regarding the excused prospective juror’s views). 28 a mistake, a mixed record is insufficient to s

2021But when we are not left with a definite and firm conviction that the trial court made proposition taken in the opinion to reverse: that we can ignore the deferential standard of review appellate courts have long given to trial court findings on the issue of discriminatory intent in the context of a Batson challenge. 56 See Miller-El, 545 US at 244 (explaining that considerations applicable to this fact- finding process include statements by the prosecutor that “mischaracterized [the] testimony” regarding the excused prospective juror’s views). 28 a mistake, a mixed record is insufficient to s

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In re Filibeck Estate green
michctapp · 2014
2 sentences

2017"This Court reviews equitable decisions of the probate court de novo, but overturns any underlying factual findings only upon a finding of clear error." In re Filibeck Estate , 305 Mich. App. 550 , 553, 853 N.W.2d 448 (2014).

2017"This Court reviews equitable decisions of the probate court de novo, but overturns any underlying factual findings only upon a finding of clear error." In re Filibeck Estate , 305 Mich. App. 550 , 553, 853 N.W.2d 448 (2014).

32016–2017
Loutts v. Loutts green
michctapp · 2012
2 sentences

2017"A finding is clearly erroneous if, after reviewing the entire record, we are left with the definite and firm conviction that a mistake was made." Loutts v. Loutts , 298 Mich. App. 21 , 26, 826 N.W.2d 152 (2012) *323 (quotation marks and citations omitted).

2017“A finding is clearly erroneous if, after reviewing the entire record, we are left with the definite and firm conviction that a mistake was made.” Loutts v Loutts, 298 Mich App 21, 26 ; 826 NW2d 152 (2012) (quotation marks and citations omitted).

22017–2017
In Re Williams green
michctapp · 2009
1 sentence

2020Williams, 286 Mich App at 271 .

12020–2020
Bureau of Worker's & Unemployment Compensation v. Detroit Medical Center green
michctapp · 2005
1 sentence

2015Id.

12015–2015
In Re Temple Marital Trust green
michctapp · 2008
2 sentences

2014In re Temple Marital Trust, 278 Mich App 122, 141-142 ; 748 NW2d 265 (2008).

2014In re Temple Marital Trust, 278 Mich App 122, 141-142 ; 748 NW2d 265 (2008).

12014–2014

Where else courts name it

LA 11 (1982–2019) MI 8 (2014–2021) KY 6 (1992–2024) AK 5 (1992–1997) IL 5 (1995–2019) AR 5 (1996–2026) UT 4 (1990–2012) KS 3 (1979–2026) VT 3 (2012–2014) MO 3 (1997–2014) WA 2 (2011–2011) IN 2 (2017–2018) FL 2 (2000–2006) SC 2 (2021–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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