michigan court of appeals http://michiganradio.org en Michigan court to take look at jobless pay for pot users http://michiganradio.org/post/michigan-court-take-look-jobless-pay-pot-users <p>DETROIT (AP) - Can workers who are fired in Michigan for using medical marijuana get unemployment benefits?<br /><br />The state appeals court has agreed to tackle the issue in the months ahead. One case involves a hospital employee in Charlotte, Michigan, while another involves a forklift driver in Grand Rapids.<br /><br />Jenine Kemp and Rick Braska were fired after their employers learned they used medical marijuana. Drug use violated company policy.<br /> Fri, 29 Nov 2013 11:22:37 +0000 The Associated Press 15471 at http://michiganradio.org Michigan court to take look at jobless pay for pot users Stacking the judicial deck http://michiganradio.org/post/stacking-judicial-deck <p></p><p>We’ve been focused so much on elections that many of us haven’t much noticed what’s been going on in Lansing.</p><p>Well, those who remember the unseeingly way Right to Work was rammed through the legislature in last year’s lame duck session, may find we’re about to get déjà vu all over again.</p><p>Republicans have just passed a bill to radically change the way in which judges are selected when citizens sue the state. Essentially, it allows the state Supreme Court to pick four&nbsp;judges from the Court of Appeals to hear these cases.&nbsp;</p><p>The panel that hears lawsuits against the state, by the way, is called the Court of Claims. For many years, this function has been exercised by the circuit judges in Ingham County. That’s the county where Lansing and our state government are located, which has been logistically convenient. This bill will change that.</p><p> Thu, 07 Nov 2013 13:22:54 +0000 Jack Lessenberry 15175 at http://michiganradio.org Stacking the judicial deck Court: Michigan man has no rights to child linked to affair http://michiganradio.org/post/court-michigan-man-has-no-rights-child-linked-affair <p>MOUNT CLEMENS, Mich. (AP) - A man seeking custody of a child born to a married woman has lost at the Michigan appeals court in a case linked to a new law that's intended to give men more rights.<br><br>The court says Aaron Grimes still can't intervene because he knew that Shawnita Van Hook-Williams was married during their affair. Michigan recognizes a woman's husband as the legal parent even if he's not the biological father.<br> Fri, 20 Sep 2013 15:31:07 +0000 The Associated Press 14521 at http://michiganradio.org Court: Michigan man has no rights to child linked to affair Jackson homeowners will not be allowed to rake their leaves into city streets this fall http://michiganradio.org/post/jackson-homeowners-will-not-be-allowed-rake-their-leaves-city-streets-fall <p>Autumn is a lovely time in Jackson.&nbsp;&nbsp;&nbsp; But people living along Jackson‘s tree lined streets will face a problem this Fall: How to get rid of all those falling leaves?</p><p></p><p>It’s something of a suburban ritual.&nbsp;&nbsp; Once the leaves fall, homeowners rake them into the street to be cleared away.&nbsp;&nbsp;&nbsp;&nbsp; But not this fall in Jackson.</p><p></p><p>The city recently lost a legal challenge to its storm water fee.&nbsp;&nbsp; The Court of the Appeals ruled the fee was actually an illegal tax.&nbsp;&nbsp;</p><p></p> Mon, 16 Sep 2013 19:56:00 +0000 Steve Carmody 14435 at http://michiganradio.org Jackson homeowners will not be allowed to rake their leaves into city streets this fall Group that advocates for victims of clergy sex abuse is critical of Michigan court decision http://michiganradio.org/post/group-advocates-victims-clergy-sex-abuse-critical-michigan-court-decision <p>A Michigan Court of Appeals ruling this week is being criticized by a national group that campaigns against sexual abuse by priests. The court ruled that a west Michigan minister could not be charged for failing to report suspected child abuse.</p><p></p><p>In 2009, a woman asked the minister’s advice because she suspected her husband of abusing her daughters. But it wasn’t until another incident in 2011 that the minister convinced her to report the suspected abuse.&nbsp;&nbsp; The pastor's attorney says no initial report was made because the allegations were sketchy.</p><p></p> Sat, 24 Aug 2013 18:07:00 +0000 Steve Carmody 14125 at http://michiganradio.org Group that advocates for victims of clergy sex abuse is critical of Michigan court decision Michigan Court of Appeals rules in favor of minister who didn't report suspected child abuse http://michiganradio.org/post/michigan-court-appeals-rules-favor-minister-who-didnt-report-suspected-child-abuse <p>The Michigan Court of Appeals says a minister cannot be charged with failing to report child abuse based on conversations with a parishioner.</p><p></p><p>The court ruled those were privileged conversations.</p><p></p><p>This particular question had never been litigated before. And it is how far do privacy protections for clergy extend when it comes to reporting child abuse?</p><p></p><p>In this case, a woman went to her pastor, John Prominski, for advice when she suspected her husband was abusing her daughters. Their first talk was in 2009.</p><p></p> Fri, 23 Aug 2013 19:46:46 +0000 Rick Pluta 14121 at http://michiganradio.org Michigan Court of Appeals rules in favor of minister who didn't report suspected child abuse Jackson laying off city employees to close budget gap created by court ruling http://michiganradio.org/post/jackson-laying-city-employees-close-budget-gap-created-court-ruling <p>Some Jackson city employees are getting layoff notices this morning.</p><p></p><p>The layoffs come as city leaders come to grips with a court ruling striking down Jackson’s storm water fee.</p><p></p><p>This month, the Michigan Court of Appeals ruled Jackson’s storm water fee was an illegal tax. &nbsp;&nbsp;The city has decided not to appeal the ruling.</p><p></p> Wed, 14 Aug 2013 04:01:00 +0000 Steve Carmody 13974 at http://michiganradio.org Jackson laying off city employees to close budget gap created by court ruling Michigan Supreme Court says children in custody battle will stay with foster family http://michiganradio.org/post/michigan-supreme-court-says-children-custody-battle-will-stay-foster-family <p>The Michigan Supreme Court has ordered a grandmother to return four children who are the center of a custody dispute to their foster family while it decides whether to take the case.</p><p>The Michigan Court of Appeals awarded custody of the four children to their grandmother last June. The court said Michigan law automatically gives preference to relatives when parents' rights are terminated -- especially relatives with an existing relationship with the children.</p><p>In this case, the appeals court found the grandmother, who lives in Florida, to be in good health, employed as a registered nurse, and can meet the children's needs.</p><p>But the Muskegon County prosecutor and a court- appointed guardian argued the children were already in a stable environment with a foster family and shouldn't be moved.</p><p>In a brief order and without further explanation of its reasons, the Supreme Court said the children should be returned to the foster family they were living with while it makes further decisions in the case, including whether to hear the appeal.</p><p> Thu, 08 Aug 2013 22:06:54 +0000 Rick Pluta 13908 at http://michiganradio.org Michigan Supreme Court says children in custody battle will stay with foster family This week in Michigan politics: Detroit's bankruptcy case, Judge Steven Rhodes, dissolving schools http://michiganradio.org/post/week-michigan-politics-detroits-bankruptcy-case-judge-steven-rhodes-dissolving-schools <p>This week in Michigan politics, Jack Lessenberry and Emily Fox discuss the legality of <a href="http://www.michiganradio.org/post/city-detroit-files-federal-bankruptcy-protection">Detroit's filing for bankruptcy</a>, <a href="http://www.michiganradio.org/post/what-can-we-expect-judge-steven-rhodes">Judge Steven Rhodes</a> and the first federal bankruptcy hearing today, and the fate of <a href="http://www.michiganradio.org/post/buena-vista-inkster-school-districts-be-dissolved">Buena Vista and Inkster school districts</a>.</p><p> Wed, 24 Jul 2013 12:37:11 +0000 Jack Lessenberry, Emily Fox & Michigan Radio Newsroom 13665 at http://michiganradio.org This week in Michigan politics: Detroit's bankruptcy case, Judge Steven Rhodes, dissolving schools This week in Michigan politics: Medicaid in the Senate, Snyder in Israel, Mike Duggan off the ballot http://michiganradio.org/post/week-michigan-politics-medicaid-senate-snyder-israel-mike-duggan-ballot <p>This week in Michigan politics, Jack Lessenberry and Emily Fox discuss the state of <a href="http://www.michiganradio.org/post/medicaid-expansion-tops-do-list-legislature-s-summer-break">Medicaid expansion</a> in the Michigan Senate, Governor Snyder's <a href="http://michiganradio.org/post/governor-snyder-meets-israeli-pm-trade-mission">trade mission to Israel</a>, and the political future of <a href="http://michiganradio.org/post/court-decision-keeps-mike-duggan-detroit-mayoral-ballot">Mike Duggan</a> in Detroit.</p><p> Wed, 19 Jun 2013 12:37:37 +0000 Jack Lessenberry, Emily Fox & Michigan Radio Newsroom 13125 at http://michiganradio.org This week in Michigan politics: Medicaid in the Senate, Snyder in Israel, Mike Duggan off the ballot Challenge to emergency manager law dismissed by appeals court http://michiganradio.org/post/challenge-emergency-manager-law-dismissed-appeals-court <p>Union activist and Highland Park school board member Robert Davis has been actively fighting emergency manager appointments in the state.</p><p><a href="http://www.michiganradio.org/post/court-ruling-victory-highland-park-activist-other-public-act-4-opponents">He's had some success</a> arguing that the state's financial review teams must meet in public, but he's lost a recent round.</p><p>More from MPRN's Rick Pluta:</p><blockquote><p>The Michigan Court of Appeals has dismissed a legal challenge to the state takeover of the Highland Park school district. Union activist and school board member Robert Davis claimed the takeover violated the <a href="http://www.michigan.gov/budget/0,1607,7-157-21338-153206--F,00.html">Headlee Amendment</a> to the State Constitution. The Court of Appeals said another court panel had already ruled against Davis on the same set of facts.</p></blockquote><p><a href="http://www.michiganradio.org/post/school-board-member-who-fought-financial-review-teams-indicted-theft">Davis was indicted last spring for theft</a>.&nbsp; Federal authorities say Davis sent fake bills to the Highland Park school district and pocketed more than $125,000. Davis says he's been fighting these accusations for years and says the indictment was based on information supplied by his "political enemies." Wed, 10 Apr 2013 15:32:29 +0000 Mark Brush 12072 at http://michiganradio.org Challenge to emergency manager law dismissed by appeals court Michigan lawsuit on court appointed lawyers allowed to proceed http://michiganradio.org/post/michigan-lawsuit-court-appointed-lawyers-allowed-proceed <p>LANSING, Mich. (AP) - The Michigan Court of Appeals has ruled that a long-running lawsuit can continue that challenges the system of appointing lawyers for criminal defendants who can't afford them.<br><br>In a 2-1 decision released Wednesday, the court says a lower judge was OK to reject the state's contention that the case shouldn't be granted class-action status.<br><br>The suit says the rights of poor people have been violated because of the paltry pay for court-appointed lawyers.<br> Wed, 03 Apr 2013 23:48:43 +0000 The Associated Press 12002 at http://michiganradio.org Michigan lawsuit on court appointed lawyers allowed to proceed Court tosses challenges to coal permits http://michiganradio.org/post/court-tosses-challenges-coal-permits <p>Two utilities have been given permission to build new coal-fired power plants in northern and western Michigan. The state Court of Appeals has tossed out legal challenges to their permits. But, that doesn't mean the plants will be built.</p><p>Environmental groups went to court to challenge the permits. The state Department of Environmental Quality says the utilities demonstrated there was a demand for electricity. And the agency says the proposed coal plants in Holland and Rogers City met state and federal pollution standards.</p> Mon, 25 Mar 2013 19:32:07 +0000 Rick Pluta 11855 at http://michiganradio.org Court tosses challenges to coal permits Michigan Court of Appeals rules against former school teacher, who was fired after reporting abuse http://michiganradio.org/post/michigan-court-appeals-rules-against-former-school-teacher-who-was-fired-after-reporting-abuse <p>The Michigan Court of Appeals has tossed a big jury award in a former Detroit school teacher's whistleblower lawsuit.</p><p>In 2004, Beverly Garvin claims a fourth grade student told her that two boys had forced her to perform oral sex. Garvin says she reported the alleged assault to her superiors and nothing happened. Garvin says when she persisted, including contacting police, she was transferred and eventually fired.&nbsp;</p><p>A jury awarded Garvin $750 thousand in damages.&nbsp;</p> Wed, 27 Feb 2013 20:28:24 +0000 Steve Carmody 11446 at http://michiganradio.org Michigan Court of Appeals rules against former school teacher, who was fired after reporting abuse Judge opens door for Michigan juvenile lifers http://michiganradio.org/post/judge-opens-door-michigan-juvenile-lifers <p>DETROIT (AP) - A federal judge says all Michigan inmates serving no-parole sentences for murder committed as juveniles are entitled to a chance at release.<br>&nbsp;<br>Judge John Corbett O'Meara says a 2012 U.S. Supreme Court decision striking down mandatory no-parole sentences applies retroactively to Michigan inmates already behind bars.<br><br>O'Meara's decision Wednesday trumps a ruling last fall by the Michigan appeals court, which said retroactivity would not apply for most.<br> Wed, 30 Jan 2013 20:41:08 +0000 The Associated Press 11020 at http://michiganradio.org Judge opens door for Michigan juvenile lifers Michigan Appeals Court could determine resentencing of juvenile lifers http://michiganradio.org/post/michigan-appeals-court-could-determine-resentencing-juvenile-lifers <p>The Michigan Court of Appeals began hearing arguments Tuesday on a case that could determine the fate of Michigan’s “juvenile lifers.”</p><p>The case comes in the wake of a ruling by the U.S. Supreme Court in June determining &nbsp;that mandatory life sentences without the possibility of parole for minors constituted cruel and unusual punishment.</p><p><a href="http://www.mlive.com/news/index.ssf/2012/10/michigan_court_of_appeals_cons.html#incart_river_default">MLive’s Jonathan Oosting</a> has more:</p> Wed, 17 Oct 2012 19:26:59 +0000 Michigan Radio Newsroom 9503 at http://michiganradio.org Michigan Appeals Court could determine resentencing of juvenile lifers Michigan Court of Appeals: Casino ballot initiative is 'unconstitutional' http://michiganradio.org/post/michigan-court-appeals-casino-ballot-initiative-unconstitutional <p>This morning, the Michigan Court of Appeals ruled a ballot initiative that would approve eight more private casinos in the state will not appear on the Nov. 6 ballot. The court ruled the ballot proposal is unconstitutional.</p><p><a href="http://www.mlive.com/politics/index.ssf/2012/08/court_of_appeals_casino_ballot.html">MLive </a>reports that Michigan Solicitor General John Bursch broke the news on his <a href="http://twitter.com/MichiganSG">Twitter account</a> this morning.</p> Tue, 14 Aug 2012 15:47:54 +0000 Michigan Radio Newsroom 8666 at http://michiganradio.org Michigan Court of Appeals: Casino ballot initiative is 'unconstitutional' Appeals Court: Sexually abused female prisoners must pay debts before collecting settlement money http://michiganradio.org/post/appeals-court-sexually-abused-female-prisoners-must-pay-debts-collecting-settlement-money <p>The Michigan Court of Appeals says women who were sexually abused in state prisons must pay the victim restitution and child support they owe before collecting settlement money from their class-action suit.<br /><br />A three-judge appeals court panel ruled today that an order protecting the names of the women who sued should remain in effect.<br /><br />But the court also says that where there&#39;s a conflict between protecting the women&#39;s identities and making sure that they pay victim restitution and child support, the courts must make sure the debts get paid.<br /> Wed, 08 Aug 2012 19:58:03 +0000 The Associated Press 8603 at http://michiganradio.org Appeals Court: Sexually abused female prisoners must pay debts before collecting settlement money Ficano's 20% county worker pay cut upheld http://michiganradio.org/post/ficanos-20-county-worker-pay-cut-upheld <p>Today, the Michigan Court of Appeals ruled that when Wayne County Executive Robert Ficano <a href="http://michiganradio.org/post/ficano-calls-20-budget-cuts-department-heads-rebel">imposed 20 percent pay cuts</a> on county workers, he was acting within his rights, reports the <a href="http://www.freep.com/article/20120803/NEWS02/120803026/Wayne-County-employees-pay-cut-Robert-Ficano-court-of-appeals?odyssey=nav|head">Detroit Free Press</a>.</p> Fri, 03 Aug 2012 17:09:32 +0000 Michigan Radio Newsroom 8536 at http://michiganradio.org Ficano's 20% county worker pay cut upheld Elections officials refuse to block ballot question http://michiganradio.org/post/elections-officials-refuse-block-ballot-question <p>The state Court of Appeals could be the next stop for a business group that&rsquo;s trying to keep a proposal to protect collective bargaining off the November ballot. That&rsquo;s after state elections officials said they don&rsquo;t have the legal authority to block the question.<br />&nbsp;&nbsp; &nbsp;<br />The business-backed group Citizens Protecting Michigan&rsquo;s Constitution asked the Secretary of State to rule a question not eligible to appear on the ballot &ndash; even though the union-backed petition drive collected 650,000 names. That&rsquo;s double the number needed. But the business group says the question itself is broad and sweeping when it should be narrow in scope.</p><p>The ballot question would amend the state constitution to guarantee collective bargaining rights and preempt a right-to-work law in Michigan. It would also roll back Republican-sponsored efforts to limit union fundraising and organizing.</p><p>The state&rsquo;s election director says in a letter that the law does not give the Secretary of State the authority to unilaterally declare a question invalid. Attorneys say they may seek a court order to keep the question off the ballot. Mon, 02 Jul 2012 20:36:17 +0000 Rick Pluta 8117 at http://michiganradio.org Elections officials refuse to block ballot question