michigan court of appeals

Politics & Government
9:58 pm
Thu June 28, 2012

Emergency manager law opponents: Referendum question needs to go on the ballot--now

Protesters at state government offices in Detroit Thursday.
Sarah Cwiek Michigan Radio

Organizers behind the bid to get Michigan’s emergency manager law on the November ballot say they’re getting tired of waiting for the courts to act.

So they’re taking their case directly to the streets—and judges.

After a complicated legal battle, the Michigan Court of Appeals effectively ruled earlier this month that a referendum on Public Act 4 must go on the November ballot.

Last week, referendum proponents filed a motion with the court, asking them to order the state Board of Canvassers to do just that.

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Law
2:01 pm
Wed June 27, 2012

Appeals Court says Mich. 5-year welfare limit OK

The Michigan Court of Appeals
Mike Russell Wikimedia Commons

The Michigan Court of Appeals says state officials can take away welfare benefits under a five-year federal limit even if recipients still qualify for cash assistance under state law.

The ruling released today overturns a Genesee Circuit Court decision that state Human Services Director Maura Corrigan lacked authority to enforce the five-year limit.

Michigan has its own four-year limit, but it doesn't count months where someone with a disability can't work or where family members are caring for a disabled spouse or child and can't hold an outside job.

The Appeals Court also says Corrigan violated the Administrative Procedures Act where state funds were involved.

The Department of Human Services is reviewing the opinion. A message seeking comment was left for the Center for Civil Justice, which brought the suit.

Law
11:57 am
Wed June 27, 2012

Appeals court strikes down Michigan stun gun ban

user jasonesbain wikimedia commons

BAY CITY, Mich. (AP) - The Michigan appeals court says the state can't stop people from owning stun guns.

A three-judge panel at the court says the Michigan and U.S. constitutions allow people to bear arms. The court says a total prohibition on stun guns can't stand.

The decision released Wednesday involved cases from Bay City and Muskegon. In Bay City, a store employee was carrying a stun gun while he worked behind the counter. In Muskegon, a stun gun was seized from a man at his home.

A new Michigan law that takes effect in August would allow people to have stun guns if they also have a permit to carry a concealed weapon. That law was not at issue in the cases at the appeals court.

Politics & Government
6:10 pm
Wed June 20, 2012

Emergency manager law opponents move to put referendum question on the ballot

Supporters of a referendum to overturn Michigan’s emergency manager law want to make sure that question is on the November ballot.

They filed an emergency motion with the Michigan Court of Appeals Wednesday to speed that process along.

After a complicated legal process, the Court of Appeals ruled the question should go on the ballot last week, but without specifying it could take “immediate effect.” So the order could sit for as long as 42 days.

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Economy
4:48 pm
Wed January 25, 2012

Consumers Energy loses round in court over refund

CMS - Consumers Energy headquarters in Jackson, Michigan
(photo by Steve Carmody/Michigan Radio)

The Michigan Court of Appeals has rejected an effort by Jackson-based Consumers Energy to reverse a state order that it repay $85 million to its customers.     

Consumers Energy’s customers are not getting any new money back from the utility.   Consumers already repaid the $85 Million a year ago.  

But the legal fight over the state’s order has continued since then.  

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courts
5:21 pm
Wed November 30, 2011

Court upholds parole, over sentencing judge's objections

s_falkow flickr

The state Court of Appeals has upheld the parole of a convicted murderer over the objections of the judge who sent him to prison. 

Phillip Paquette was convicted of stabbing a man to death at a party in the summer of 1994. Paquette maintains to this day he is innocent and acted in self defense. While in prison, Paquette committed a string of infractions, but the pattern of misconduct ended in 2004.

Paquette became eligible for parole last year, and the Michigan Parole Board granted his request to be released.

The judge that sentenced Paquette objected, citing Paquette’s record of misconduct and insistence that he’s innocent. 

Paquette took his case all the way to the state Supreme Court – which returned the case to the Court of Appeals. The Court of Appeals noted Paquette went six years without a violation, and has expressed sorrow for the killing. The appeals court reversed the judge and said Paquette is to be paroled.

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