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Tagged: michigan court of appeals

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Politics & Government
11:32 am
Wed April 10, 2013

Challenge to emergency manager law dismissed by appeals court

Michigan Court of Appeals
Credit Mike Russell / Wikimedia Commons
Michigan Court of Appeals

Union activist and Highland Park school board member Robert Davis has been actively fighting emergency manager appointments in the state.

He's had some success arguing that the state's financial review teams must meet in public, but he's lost a recent round.

More from MPRN's Rick Pluta:

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 Headlee Amendment to the State Constitution. The Court of Appeals said another court panel had already ruled against Davis on the same set of facts.

Davis was indicted last spring for theft.  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."

Law
7:48 pm
Wed April 3, 2013

Michigan lawsuit on court appointed lawyers allowed to proceed

Credit Steve Carmody/Michigan Radio
(file photo)

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.

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.

The suit says the rights of poor people have been violated because of the paltry pay for court-appointed lawyers.

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Law
3:32 pm
Mon March 25, 2013

Court tosses challenges to coal permits

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.

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.

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Law
3:28 pm
Wed February 27, 2013

Michigan Court of Appeals rules against former school teacher, who was fired after reporting abuse

Credit Steve Carmody/Michigan Radio
(file photo)

The Michigan Court of Appeals has tossed a big jury award in a former Detroit school teacher's whistleblower lawsuit.

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. 

A jury awarded Garvin $750 thousand in damages. 

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Law
3:41 pm
Wed January 30, 2013

Judge opens door for Michigan juvenile lifers

Credit US Supreme Court
In 2012, the U.S. Supreme Court struck down state laws that allow juveniles to be sentenced to life in prison with no chance of parole.

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.
 
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.

O'Meara's decision Wednesday trumps a ruling last fall by the Michigan appeals court, which said retroactivity would not apply for most.

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Law
3:26 pm
Wed October 17, 2012

Michigan Appeals Court could determine resentencing of juvenile lifers

Michigan Court of Appeals
Credit Mike Russell / Wikimedia Commons
Michigan Court of Appeals

The Michigan Court of Appeals began hearing arguments Tuesday on a case that could determine the fate of Michigan’s “juvenile lifers.”

The case comes in the wake of a ruling by the U.S. Supreme Court in June determining  that mandatory life sentences without the possibility of parole for minors constituted cruel and unusual punishment.

MLive’s Jonathan Oosting has more:

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