michigan court of appeals

Challenge to emergency manager law dismissed by appeals court

Mark Brush — Wed, 10 Apr 2013 15:32:29 +0000

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.

Michigan lawsuit on court appointed lawyers allowed to proceed

The Associated Press — Wed, 03 Apr 2013 23:48:43 +0000

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.

Court tosses challenges to coal permits

Rick Pluta — Mon, 25 Mar 2013 19:32:07 +0000

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.

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

Steve Carmody — Wed, 27 Feb 2013 20:28:24 +0000

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.

Judge opens door for Michigan juvenile lifers

The Associated Press — Wed, 30 Jan 2013 20:41:08 +0000

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.

Michigan Appeals Court could determine resentencing of juvenile lifers

Michigan Radio Newsroom — Wed, 17 Oct 2012 19:26:59 +0000

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:

Michigan Court of Appeals: Casino ballot initiative is 'unconstitutional'

Michigan Radio Newsroom — Tue, 14 Aug 2012 15:47:54 +0000

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.

MLive reports that Michigan Solicitor General John Bursch broke the news on his Twitter account this morning.

Appeals Court: Sexually abused female prisoners must pay debts before collecting settlement money

The Associated Press — Wed, 08 Aug 2012 19:58:03 +0000

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.

A three-judge appeals court panel ruled today that an order protecting the names of the women who sued should remain in effect.

But the court also says that where there's a conflict between protecting the women's identities and making sure that they pay victim restitution and child support, the courts must make sure the debts get paid.

Ficano's 20% county worker pay cut upheld

Michigan Radio Newsroom — Fri, 03 Aug 2012 17:09:32 +0000

Today, the Michigan Court of Appeals ruled that when Wayne County Executive Robert Ficano imposed 20 percent pay cuts on county workers, he was acting within his rights, reports the Detroit Free Press.

Elections officials refuse to block ballot question

Rick Pluta — Mon, 02 Jul 2012 20:36:17 +0000

The state Court of Appeals could be the next stop for a business group that’s trying to keep a proposal to protect collective bargaining off the November ballot. That’s after state elections officials said they don’t have the legal authority to block the question.

The business-backed group Citizens Protecting Michigan’s Constitution asked the Secretary of State to rule a question not eligible to appear on the ballot – even though the union-backed petition drive collected 650,000 names. That’s double the number needed. But the business group says the question itself is broad and sweeping when it should be narrow in scope.

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.

The state’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.

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

Sarah Cwiek — Fri, 29 Jun 2012 01:58:39 +0000

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.

Appeals Court says Mich. 5-year welfare limit OK

The Associated Press — Wed, 27 Jun 2012 18:01:36 +0000

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.

Appeals court strikes down Michigan stun gun ban

The Associated Press — Wed, 27 Jun 2012 15:57:19 +0000

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.

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

Sarah Cwiek — Wed, 20 Jun 2012 22:10:26 +0000

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.

Consumers Energy loses round in court over refund

Steve Carmody — Wed, 25 Jan 2012 21:48:15 +0000

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.