MARY BETH KELLY , J. This interlocutory appeal concerns whether a defendant charged with reckless driving causing death 1 is entitled to a jury instruction on the misdemeanor lesser offense of moving violation causing death, 2 notwithstanding the Legislature's prohibition against such an instruction. 3 Ordinarily, statutory law entitles criminal defendants to instructions on necessarily included lesser offenses when the facts at issue warrant such instructions. 4 Here, because the...
VIVIANO , J. In this Open Meetings Act (OMA) 1 case, defendants Columbia Township Board of Trustees and Columbia Township Planning Commission appeal the Court of Appeals' decision holding that plaintiff Kenneth Speicher was entitled to an award of court costs and actual attorney fees based on his entitlement to declaratory relief under the OMA. The Court of Appeals reached this decision only because it was compelled to do so by Court of Appeals precedent. 2 If not for this binding...
ZAHRA , J. In these cases, we are called upon to interpret a provision of the Governmental Tort Liability Act (GTLA), MCL 691.1401 et seq., commonly referred to as the motor vehicle exception to governmental immunity, MCL 691.1405. The statute provides, in relevant part, that "[g]overnmental agencies shall be liable for bodily injury ... resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental...
PER CURIAM . The Wayne County Employees Retirement System ("retirement system") was established in 1944 "for the purpose of providing retirement income to eligible employees and survivor benefits." Wayne County Charter 6.111. Currently, the retirement system consists of five defined benefit plans, one defined contribution plan, and the Inflation Equity Fund (IEF). Each year, the county is required by Const. 1963, art. 9, 24, to make an "annual required contribution" (ARC). An annual...
MEMORANDUM OPINION. We consider in this case whether copies of video surveillance recordings created by third parties but received by defendants during the course of pending criminal misdemeanor proceedings constitute "public records" within the meaning of the Freedom of Information Act (FOIA), MCL 15.231 et seq., thus requiring their disclosure by defendants. For the reasons stated in this opinion, we conclude that, contrary to the lower courts' opinions, the video surveillance recordings...
PER CURIAM . In this case, we are called upon to interpret the definition of "employee" as found in MCL 418.161(1)(n), prior to being amended in 2011, which is a provision in the Worker's Disability Compensation Act (WDCA), MCL 418.101 et seq. By a special panel convened to hear this case under MCR 7.215(J), the Court of Appeals rejected that Court's previous interpretation of this definition in Amerisure Ins. Cos. v. Time Auto Transp., Inc. 1 Because we believe the term "employee" as...
MEMORANDUM OPINION. The issue here is whether the trial court abused its discretion by issuing a writ of mandamus compelling defendants to ensure that hearings in workers' compensation cases are held in the county in which the alleged injury occurred. The Court of Appeals held that the trial court did not abuse its discretion. Because we respectfully disagree, we reverse the judgment of the Court of Appeals and remand to the trial court for the entry of an order denying relief on plaintiff's...
PER CURIAM . After her home and much of its contents were damaged by fire, plaintiff sought coverage under the terms of a homeowners insurance policy issued by defendant. Although the parties were able to settle plaintiff's claim for damages to her dwelling, they were unable to agree on the extent of the loss incurred to plaintiff's personal property. Consequently, the parties invoked the policy's fire loss appraisal provision, which provided in relevant part as follows: If you and we [...
VIVIANO, J. In this case, we address whether Michigan's shareholder-oppression statute, MCL 450.1489 ( 489) of the Business Corporation Act (BCA), MCL 450.1101 et seq., provides a right to a jury trial or whether claims under 489 are instead required to be heard by a court of equity. We hold that the plain language of 489 does not afford a claimant a right to a jury trial and, instead, expresses a legislative intent to have shareholder-oppression claims heard by a court of equity. We...
KELLY, J. Gang-related violence pervades our country, including Michigan, and is not likely to abate anytime soon. 1 In trials of crimes involving gang-related violence, prosecutors across the state now seek to introduce expert testimony to help a jury understand the importance of particular fact evidence and the context in which the gang-related violence occurs. This case involves the application of the Michigan Rules of Evidence to that expert testimony. We hold that if the prosecution...
McCORMACK, J. The defendant, Jeffery Douglas, was convicted by a jury of first-degree and second-degree criminal sexual conduct in connection with the alleged sexual abuse of his then-three-year-old daughter, KD. Before us is whether the Court of Appeals erred in concluding that, as a result of evidentiary errors at trial and the ineffective assistance of counsel during both the pretrial and trial stages of the case, the defendant is entitled to a new trial and to the reinstatement of a plea...
MARKMAN, J. We granted leave to appeal to address (1) whether Miller v. Alabama, 567 U.S. ___, 132 S.Ct. 2455 , 183 L.Ed.2d 407 132 S.Ct. 2455 ; 183 L.Ed.2d 407 (2012), should be applied retroactively — pursuant to either the federal or state test for retroactivity — to cases in which the defendant's sentence became final for purposes of direct appellate review before Miller was decided and (2) whether the Eighth Amendment of the United States Constitution or Const. 1963, art. 1, 16...
MICHAEL F. CAVANAGH, J. In this case, we must determine what actions a taxpayer must take under MCL 205.30 of the Revenue Act to trigger the accrual of interest on a tax refund. We hold that in order to trigger the accrual of interest, the plain language of the statute requires a taxpayer to (1) pay the disputed tax, (2) make a "claim" or "petition" for a refund, and (3) "file" the claim or petition. Although a "claim" or "petition" need not take any specific form, it must clearly demand,...
MICHAEL F. CAVANAGH, J. This appeal involves Empire Fire and Marine Insurance Company's obligations under an "Insurance for Non-Trucking Use" policy issued to Drielick Trucking. The policy contains a business-use exclusion, which includes two clauses that Empire argues preclude coverage in this case. The Court of Appeals agreed that the first clause precludes coverage when the covered vehicle is not carrying property at the time of the accident, as in this case. Thus, the Court of Appeals...
MARKMAN, J. This Court granted leave to appeal to address whether the trial court's failure to provide the appellant-surety notice within seven days of defendant's failure to appear, as is required by MCL 765.28, bars forfeiture of the bail bond posted by the surety. Relying on In re Forfeiture of Bail Bond (People v. Moore), 276 Mich.App. 482 , 740 N.W.2d 734 (2007), the Court of Appeals held that a court's failure to comply with the seven-day notice provision of MCL 765.28(1) does not...
PER CURIAM. This case comes to the Court on the recommendation of the Judicial Tenure Commission (JTC) that Judge Bruce U. Morrow (respondent) be suspended from office for 90 days without pay. Respondent has filed a petition requesting that this Court reject or modify that recommendation. After review of the entire record and due consideration of the parties' arguments, we agree with the JTC's conclusion that respondent committed judicial misconduct, but we are not persuaded that the...
MARKMAN, J. This Court granted leave to appeal to consider whether the rule announced in People v. Bender, 452 Mich. 594 , 551 N.W.2d 71 (1996), should be maintained. Bender requires police officers to promptly inform a suspect facing custodial interrogation that an attorney is available when that attorney attempts to contact the suspect. If the officers fail to do so, any statements made by the suspect, including voluntary statements given by the suspect with full knowledge of his...
YOUNG, C.J. Michigan's Use Tax Act (UTA) 1 imposes a 6% tax on a consumer's use, storage, and consumption of all tangible personal property in Michigan. 2 The UTA exempts the use of property from imposition of the use tax when "the [sales] tax was due and paid on the retail sale to a consumer." 3 Concurrently, Michigan's General Sales Tax Act 4 (GSTA) imposes a 6% tax on a retailer's gross proceeds, to be remitted by the retailer to the Department of Treasury (the department). 5 At issue...
MARKMAN, J. At issue is whether MCL 769.1k(1)(b)( ii ) provides courts with the independent authority to impose costs upon criminal defendants. We hold that it does not. Instead, we hold that MCL 769.1k(1)(b)( ii ) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute. Therefore, the circuit court erred when it relied on MCL 769.1k(1)(b)( ii ) as independent authority to impose $1,000 in "court costs," and the Court of...
ZAHRA, J. As long as there have been debts, there have been people tasked with collecting them. 1 To regulate the collection industry in Michigan, the Legislature passed a licensing requirement in 1980. This statutory package required collection agencies to obtain licenses and included statutes governing licensees' permissible actions throughout the collection process. 2 For many years, the collection industry involved two players: the creditors and the collection agents that they hired to...
