PER CURIAM. Defendant appeals as of right his conviction of and sentence for operating a motor vehicle while under the influence of alcoholic liquor and causing death, MCL 257.625(4). The circuit court sentenced defendant as a second-offense habitual offender, MCL 769.10, to serve a term of imprisonment of 43 to 270 months. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). This case arises from a traffic accident that occurred during the early morning...
BANDSTRA, J. In Docket No. 294147, defendant appeals as of right his conviction, following a jury trial, of first-degree home invasion. MCL 750.110a(2). Defendant was originally sentenced to a prison term of 110 months to 20 years. After the trial court discovered that it had utilized an incorrect sentencing guidelines grid at defendant's original sentencing, defendant was resentenced to a lesser prison term of 48 months to 20 years. Defendant appeals that sentence as of right in Docket No....
MURRAY, P.J. Defendant appeals as of right his jury trial conviction of unarmed robbery, MCL 750.530. For this conviction, defendant was sentenced to 3 to 15 years' imprisonment. We affirm. I. BACKGROUND The events in this case were set in motion on March 14, 2008, when Kenneth Conliffe accepted a United Parcel Service (UPS) shipment of a cell phone for Kiara Anderson, his sister's roommate and defendant's girlfriend, at the girls' apartment. Under the impression that Anderson was involved...
PER CURIAM. Defendant Joseph Lashawn Vaughn appeals as of right his jury convictions of two counts of assault with intent to do great bodily harm less than murder, MCL 750.84, possession of a firearm by a felon, MCL 750.224f, and possession of a firearm during the commission of a felony (felony-firearm), second-offense, MCL 750.227b. The trial court sentenced defendant to serve 3 to 10 years in prison for each of the assault convictions, to serve 2 to 5 years in prison for the felon-in-...
PER CURIAM. Defendants appeal the trial court's order granting plaintiff's motion to compel discovery and requiring defendants to produce allegedly protected or privileged peer review and non-party patient documents. The case is before this Court pursuant to our Supreme Court's order, in lieu of granting leave to appeal, remanding the case to this Court "for consideration as on leave granted." Johnson v. Detroit Med. Ctr., 485 Mich. 870, 771 N.W.2d 797 (2009). We reverse. Defendants...
WILDER, J. Appellant Wayne County Prosecutor's Office ("WCPO") appeals by delayed leave granted 1 an order granting defendants' motion to compel discovery and requiring the WCPO to "produce its entire file to Defendants' Counsel, including factual and deliberative material." We reverse and remand for further proceedings. I According to the complaint, plaintiff, a Dearborn police officer, was dispatched to Falls Sports Lounge on February 15, 2004, to investigate a report of a bar fight....
MARKEY, J. These consolidated cases arose from petitioner Consumers Energy Company's filing in March 2007 an application to raise its rates. In Docket No. 286477, appellant Attorney General appeals by right the June 10, 2008, order of the Public Service Commission (PSC) insofar as it (1) required Consumers to modify its customers' rates to reflect actual tree-trimming or forestry expenses; (2) allowed Consumers, through its electric choice incentive mechanism, to modify rates to even out the...
PER CURIAM. Defendant, Walter Cohen, appeals as of right a judgment entered in favor of plaintiff, Comerica Bank, in this contract dispute. On appeal, defendant challenges the circuit court's order granting plaintiff's motion for summary disposition plaintiff. We affirm. I. FACTS As noted in the preceding paragraph, this is a contract dispute. On August 1, 2006, plaintiff and 21 Century Arizona Monteil L.L.C., entered into a loan agreement. The agreement specified that defendant, manager of...
SAAD, J. On June 26, 2009, the trial court issued an order that directed the Michigan State Police to immediately destroy the fingerprints and arrest card of respondent. 1 Petitioner appeals by leave granted and, for the reasons set forth below, we reverse. I. FACTS AND PROCEEDINGS On July 13, 2007, a petition was filed charging respondent, a juvenile, with one count of malicious use of a telecommunications device. MCL 750.540e. On August 15, 2007, the court held an adjudication hearing....
PER CURIAM. Defendant, Michael Bulger, pleaded no contest to one count of operating a motor vehicle while intoxicated causing death 1 and one count of operating a motor vehicle while intoxicated, second offense. 2 The trial court sentenced Bulger to 71 months to 15 years in prison for the conviction of operating a motor vehicle while intoxicated causing death and 93 days for the conviction of operating a motor vehicle while intoxicated, second offense, with credit for three days already...
PER CURIAM. Defendant Michael Light, appeals by leave granted his prison sentence imposed after pleading no contest to a charge of unarmed robbery. 1 The trial court sentenced Light to serve a prison term of 4 to 15 years, with credit for 242 days served in jail. We conclude that the trial court did not properly score offense variable (OV) 12 2 when it sentenced Light. Therefore, we reverse and remand this case to the trial court for resentencing consistent with this opinion. I. BASIC FACTS...
PER CURIAM. Defendants 1 appeal by leave granted 2 the trial court's order granting in part and denying in part defendants' motion for a qualified protective order in this medical malpractice action. Defendants argue that the trial court abused its discretion when it imposed certain conditions on the protective order. We agree, and therefore reverse in part and vacate in part the qualified protective order. Defendants argue that where a qualified protective order is entered to ensure...
PER CURIAM. In this tort action alleging excessive use of force by a police officer, defendant Cory Smith appeals as of right the trial court's order denying his motion for summary disposition based on governmental immunity. This is the second time that this case is before this Court. This Court previously affirmed the trial court's order denying a previous motion for summary disposition made by defendant. 1 Oliver v. Smith, 269 Mich.App. 560 , 715 N.W.2d 314 (2006). Because the trial...
PER CURIAM. CMS Energy Corporation, defendant, appeals by leave granted the trial court's opinion and order denying its motion for summary disposition. 1 We reverse and remand. I. BASIC FACTS AND PROCEDURE Plaintiff, Dutton Partners, LLC, owns a 177-acre development, known as "Stonegate Ravines," located in Orion Township, Michigan. An easement across the property contains an underground pipeline, which is used for the transportation and distribution of natural gas. On May 1, 2005, part of...
MURPHY, C.J. Plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendant. This case involves a claim of tortious interference with a business expectancy arising out of, allegedly, defendant's improper conduct, communications, and recommendations that resulted in a school district's decision not to award plaintiff a construction project despite plaintiff's submission of the lowest bid. We hold that genuine issues of material fact existed with respect...
PER CURIAM. Appellant, Tommy Joe Barrow, appeals as of right an opinion and order denying his emergency application for leave to file a complaint for quo warranto. Appellant filed this action for quo warranto in order to challenge the outcome of the November 2009 election of appellee Dave Bing as mayor of the city of Detroit. Because the trial court did not err by denying appellant's application for leave for the reason that appellant failed to allege specific facts warranting further inquiry...
BORRELLO, P.J. Plaintiffs Donald and Eva Beebe 1 appeal as of right the trial court's order granting a motion for dismissal pursuant to MCL 600.2955a by defendants Christina Sheely, D.O., and Family Practice & Orthopedic Care Center, P.L.L.C. For the reasons set forth in this opinion, we reverse. I. FACTS AND PROCEDURAL HISTORY On August 26, 2004, plaintiff was celebrating his thirty-third birthday at his home while working on his snowmobile with a friend. As he worked, plaintiff consumed...
PER CURIAM. Plaintiff appeals by leave granted the trial court's order granting in part summary disposition in favor of defendants. We affirm in part and reverse in part. This action arises out of a breached lease agreement between plaintiff and Empower Yourself, L.L.C. On appeal, plaintiff argues that the trial court erred by granting defendants' motion for summary disposition because a genuine issue of material fact existed regarding (1) whether Hamsa, L.L.C., was a mere continuation of...
SAAD, J. Defendant Allstate Insurance Company appeals an order of judgment and an order that denied its motion for postjudgment relief. Allstate also appeals two orders that denied its motions for summary disposition. For the reasons set forth below, we reverse the trial court's denials of Allstate's motions for summary disposition and vacate the judgment on the jury verdict. I. FACTS In July 1992, the decedent, Mary McGrath, bought a home in Gaylord, Michigan, and insured it with Allstate....
BORRELLO, J. In these consolidated appeals, both defendants appeal their convictions arising out of the shooting death of Stephanie McClure in 2007. In Docket No. 286960, defendant, Paula Renai Bennett, appeals as of right her conviction by a jury of first-degree murder, MCL 750.316. Bennett was sentenced to life in prison. For the reasons set forth in this opinion, we affirm. In Docket No. 287768, defendant, Kyron Darell Benson, appeals as of right his convictions by a jury of possession of...
