This post catches up on some notable orders. In the future, I will post about orders shortly after they come out rather than grouping them together. I have listed these orders in reverse chronological order (starting with the most recent):
- Bauserman v Unemployment Insurance Agency, Docket No. 156389: The Court ordered oral argument on whether to grant the application or take other action, called Mini Oral Argument on the Application (MOAA for short). The issue in the case is whether “the happening of the event giving rise to [Bauserman’s] cause of action for deprivation of property without due process occurred when the appellee issued its allegedly wrongful notice of redetermination, or when the appellee actually seized the appellants’ property.” Order available here.
- Henderson v Civil Service Commission, Docket No. 156270: The Court ordered MOAA on three issues: (1) whether the “authorized by law” scope of review under Michigan’s Constitution applied to the appellants’ judicial review of the Civil Service Commission’s final decision made without a hearing; (2) if so, whether the Court of Appeals gave proper meaning to the “authorized by law” constitutional standard; and (3) whether the Court of Appeals correctly applied that scope of review to the appellants’ challenge. Order available here.
- Otto v Inn at Watervale, Inc., Docket No. 155380: The Court reversed the Court of Appeals. The Recreational Land Use Act, MCL 324.73301(1), provides a cause of action when a landowner’s gross negligence or willful and wanton misconduct causes an injury to someone who is “fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use.” The issue was whether the act of “building sand castles, throwing stones in the water, and splashing around” constituted “any other outdoor recreational use.” The Court held that it did. Justice Wilder took no part in the decision. Order available here.
- In re Hill, Minors, Docket No. 155152: After MOAA, the Court denied leave to appeal the issue whether the Court should overturn its decision in In re Hatcher, 443 Mich 426 (1993)—which held that the collateral attack rule barred a parent from challenging the family court’s initial exercise of jurisdiction on appeal from an order terminating parental rights in that same proceeding. Justice McCormack dissented, stating that she would have overruled In re Hatcher or, in the alternative, have held that the collateral bar rule must give way to due process in this context. Justices Viviano and Bernstein joined her dissent. Justice Clement took no part in the case. Order available here.
- People v Lopez, Docket No. 154566: After MOAA, the Court reversed and remanded. The case involved MRE 804(a), which permits admission of a witness’s hearsay statement if that witness is “unavailable.” The rule creates an exception, however, if the proponent of the hearsay statement caused that witness to be unavailable “for the purpose of” making the witness unavailable. The trial court had found that the witness was unavailable because he felt threatened by the prosecutor, but the court did not determine whether the prosecutor “intended to cause the declarant to refuse to testify when engaging” in the alleged threatening conduct. The Court remanded for factfinding on this question. Order available here.
- Stenzel v Best Buy Company, Inc., Docket No. 156262: The Court granted leave to appeal on the following issues: (1) whether the Court of Appeals special panel correctly held that there is a conflict between MCL 600.2957(2) and MCR 2.112(K); (2) whether, in any event, a party may amend a complaint upon receipt of a notice of nonparty fault without first filing a motion to amend; and (3) if so, whether the amendment relates back to the date the complaint was filed. Order available here.
- People v Garcia-Mandujano, Docket No. 153697: The Court reversed the Court of Appeals, vacated the convictions, and remanded for a new trial. The Court wrote that defense counsel’s deficient performance prejudiced the defendant. Order available here.
- People v Brian Keith Roberts, Docket No. 156223: The Court ordered MOAA on the issue of whether the Court of Appeals correctly held that the defendant was denied the effective assistance of trial counsel under Strickland. Order available here.
- People v Hewitt-El, Docket No. 155239: After MOAA, the Court vacated the Court of Appeals opinion and remanded to determine whether defendant’s trial counsel was ineffective for failing to seek suppression of his prior convictions under MRE 609. The Court also ordered the Court of Appeals to consider all of the defendant’s claims of error on remand, namely whether the circuit court abused its discretion for granting the motion for relief from judgment and whether the circuit court clearly erred in its factual findings. Order available here.
- Coloma Charter Twp v Berrien County, Docket No. 154557: The Court vacated its previous grant of leave to appeal and then denied leave to appeal. Order available here.