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The Latest Breaking News from Michigan Court of Appeals

Mother Convicted of "Unlawful Posting of a Message" for Website Sharply Criticizing Woman Who Accused Mother's Son of Rape

The Michigan Court of Appeals just upheld the conviction, under a statute that requires showing of purpose to (among other things) "harass[]" or "molest[]," and reason to know that third parties would send the target unwanted and "harass[ing]" or "molest[ing]" messages. The statute doesn't require any showing that the accusations…

Reason

Michigan Court of Appeals Upholds Ban on Guns at University of Michigan

From Wade v. Univ. of Michigan, decided yesterday by the Michigan Court of Appeals (Judges Mark Cavanagh and Deborah Servitto); the ban covered all university property, which I take it includes dorms and open spaces: In Bruen, the Court stated that it was "settled" that arms carrying could be prohibited…

Reason

'A church-jacking': Pastor cuffed, detained after group changes locks on Detroit church

DETROIT — A battle over control of a Detroit church came to a head recently when members of one faction changed the locks on the westside house of worship, sparking a confrontation that ended with the pastor of the opposing group handcuffed in the back of a police squad car…

Tribune News Service

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Appeals judges focus on what Oxford shooter's parents didn't do

DETROIT — Three Michigan Court of Appeals judges weighed arguments Tuesday about whether there is sufficient evidence to send the parents of the Oxford High School shooter to trial on involuntary manslaughter charges, raising questions about how foreseeable the shooting was to James and Jennifer Crumbley.

Tribune News Service

Appeals judges focus on what Oxford shooter's parents didn't do during hearing

DETROIT — A three-judge panel of the Michigan Court of Appeals on Tuesday heard oral arguments about whether there is sufficient evidence to order the parents of a former Oxford High School student to face involuntary manslaughter charges for 2021 mass shooting at the school, focusing largely on what James…

Tribune News Service

"[H]ere Come Your Masser" Remark to Neighbor Leads to Anti-"Harassment" Order (on "Hate Speech" Theory) …

but the Michigan Court of Appeals reverses.

Reason

Appeals court upholds dismissal of Flint charges against ex-health chief Nick Lyon

DETROIT — The Michigan Court of Appeals on Wednesday batted down a request from Attorney General Dana Nessel's office seeking to reinstate charges against a former state health department director in the Flint water crisis prosecution.

Tribune News Service

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Appeals court: Michigan auto insurance cuts don't apply to past car crash survivors

DETROIT — Key provisions of Michigan's no-fault auto insurance reform passed in 2019 do not apply retroactively to individuals previously injured in car crashes, a Michigan Court of Appeals panel ruled Thursday.

Tribune News Service

County prosecutors can't enforce Michigan abortion ban, Oakland Co. judge rules

PONTIAC, Mich. — An Oakland County judge ruled Friday that county prosecutors cannot enforce the state's 1931 abortion law as courts consider a lawsuit brought by Gov. Gretchen Whitmer that seeks to overturn the ban as unconstitutional.

Tribune News Service

Gov. Whitmer asks Oakland County judge to block prosecutors from enforcing Michigan abortion ban

LANSING, Mich. — Gov. Gretchen Whitmer asked an Oakland County Circuit Court judge on Monday to issue an immediate restraining order against 13 county prosecutors who are in a position to enforce Michigan’s long-dormant ban on abortions being performed within their jurisdictions.

Tribune News Service

County prosecutors can enforce Michigan abortion ban, appeals court rules

LANSING, Mich. — The Michigan Court of Appeals ruled Monday that county prosecutors can enforce Michigan's ban on abortion despite a state judge's injunction currently blocking state officials from enforcing the ban.

Tribune News Service

Michigan appeals court rejects suit seeking to keep Ryan Kelley off ballot

LANSING, Mich. — The Michigan Court of Appeals rejected Thursday a lawsuit backed by a liberal group that sought to keep Republican gubernatorial hopeful Ryan Kelley off the November ballot, contending he had engaged in "insurrection" on Jan. 6, 2021.

Tribune News Service

Parents of accused Oxford High shooter appeal charges, seek to exclude son's texts

LANSING, Mich. – Defense attorneys for the parents of the accused Oxford High School shooter are asking the Michigan Court of Appeals to overturn pretrial rulings that bound them over to circuit court to stand trial, and they also seek to bar their son’s journal, emails or texts to be…

Tribune News Service

GOP candidate for Michigan governor denied spot on ballot in court ruling

DETROIT — The Michigan Court of Appeals rejected Wednesday a lawsuit from Republican businessman Perry Johnson, who asked the judges to revive his campaign for governor by giving him a spot on the August primary ballot.

Tribune News Service

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Reason

Habeas Grant in Defense-of-Others Case

A crack theft leads to alleged attempted rape and the shooting of the drug dealers / alleged attempted rapist.

Reason

A Rare Grant of Habeas, in a Defense-of-Others Case

From Mercer v. Stewart, decided by Judge Matthew F. Leitman (E.D. Mich.) last week: In 2011, Petitioner Barbara Jean Mercer, who was then in the throes of a crippling addiction to crack cocaine, made two grave mistakes that sent her and those around her down a dangerous path. Her first…

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