|
Schedule of Oral Arguments
2001-2002
Term
The following are summaries of cases granted leave to appeal by the
Michigan Supreme Court that are awaiting oral argument before the Court's
seven Justices during the term (Oct. 2001 - July 31, 2002). This page
also provides a status of the case, and links to the Court's opinion
or order in each case this session. Further information may be obtained
by calling the Supreme Court Clerk's Office at (517) 373-0120. To help
you select cases that may be of interest to you, the Court's staff has
prepared the following synopses. These are simple summaries of complicated
cases, and might not reflect the manner in which some or all of the
Court's seven Justices view the cases. The lawyers may also disagree
with regard to the facts, the issues, the procedural history, or the
significance of their cases. For further details concerning these cases,
you should contact the lawyers.
New: Briefs available in Acrobat format on line from
April 2002 forward (see below).
| NOTE:
To view pdf files you must use Adobe Acrobat. Click icon to download
a free copy: |
|
MGTV
cablecast schedule (link to MGTV): Cablecasts
of the Michigan Supreme Court oral arguments are aired across the state
on local MGTV stations. Channels may vary based on the cable television
provider in your area.
May
Session, 2002:
|
Wednesday,
May 8, 2002
|
Case
Name
& Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
People
v
Petit
119348
View briefs
in Acrobat
format by
clicking on
docket
number(s) |
1
|
The
defendant asserted an insanity defense, and ultimately pled no contest
to second-degree murder and felony firearm charges. At the sentencing
hearing, did the trial judge err by not asking the defendant whether
she wished to address the court before sentencing?
Background>> |
|
Cox
v
Board of
Hospital
Mgrs
118110
View
briefs
in Acrobat
format by
clicking on
docket
number(s)
|
2
|
Did
the trial judge properly instruct the jury in this medical malpractice
case?
Background>> |
|
Hill
v
Faircloth
Mfg
119363
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briefs
in Acrobat
format by
clicking on
docket
number(s)
|
3
|
Can
workers recover for injuries they suffered in accidents - where
the accidents were triggered by the workers' diabetes?
(Case argued together with Frazzini v Total Petroleum,
No. 119362.)
Background>> |
|
|
Frazzini
v
Total
Petroleum
119362
View
briefs
in Acrobat
format by
clicking on
docket
number(s)
|
4
|
Can
workers recover for injuries they suffered in accidents - where
the accidents were triggered by the workers' diabetes?
(Case argued together with Hill v Faircloth Mfg, No.
119363.)
Background>> |
|
City of
Detroit
v
Adamo
114794
119142
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briefs
in Acrobat
format by
clicking on
docket
number(s)
|
5
|
Do
the defendants have a right to redeem property that became the property
of the State of Michigan at a tax sale? The former owners quit-claimed
the property to defendant Peter Adamo after the tax sale, but before
the state had given the notice required by the redemption statute
to all owners having an interest in each of the parcels. A trial
judge and the Court of Appeals ruled that the period for redeeming
the property had not expired, so Adamo had a right to redeem the
property. The City of Detroit argues that the ruling will reward
delinquent taxpayers and have disastrous consequences for the tax
foreclosure process.
Background>>
|
|
April
Session, 2002:
|
Tuesday,
April 9, 2002
|
Case
Name
& Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
People
v
Riddle
118181
View briefs
in Acrobat
format by
clicking on
docket
number(s) |
1
|
Where
the defendant claims he was threatened by another man in his garage,
did he have a duty to retreat before defending himself? Michigan
law has long held that a person in his or her own home does not
have to retreat from an attacker.
Background>>
|
|
People
v
Hardiman
118670
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briefs
in Acrobat
format by
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docket
number(s)
|
2
|
Where two letters addressed to the defendant were
found in an apartment and its mailbox during a drug raid, along
with women's clothing, was the evidence sufficient to link her to
the drugs?
Background>> |
|
Stokes
v
Millen Roofing Co
119074
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briefs
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format by
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docket
number(s)
|
3
|
Under Michigan law, an unlicensed residential
contractor cannot legally place a lien on a construction project.
Where the unlicensed contractor placed an invalid lien on the plaintiff's
property, could the trial judge create a remedy that allowed the
contractor to recover payment for its work?
Background>> |
|
|
People
v
Johnson
118351
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briefs
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number(s)
|
4
|
The defendant in this case is a police officer suspected
of being involved in a drug house. An undercover State Police officer,
posing as a drug dealer, originally asked the defendant to provide
security - but later asked him to actually handle drugs. Was the
defendant entrapped into the resulting drug possession charges?
Background>>
|
|
|
Wednesday,
April 10, 2002
|
Case
Name
& Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Omelenchuk
v
City of Warren
117252
View briefs
in Acrobat
format by
clicking on
docket
number(s) |
5
|
Where the plaintiffs claim that a deceased
family member was the victim of gross negligence by City of Warren
EMS workers, can the city be sued - or does governmental immunity
bar the suit?
Background>> |
|
Sington
v
Chrysler Corp
119291
View
briefs
in Acrobat
format by
clicking on
docket
number(s) |
7
|
Where a worker was injured in 1994 - but continued
to work at his former job with some restrictions until suffering
a stroke in 1997 - is he entitled to worker's compensation?
Background>> |
|
March Session, 2002:
|
Wednesday,
March 13, 2002
|
Case
Name &
Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Baraga
County v
State Tax Commission
118922 |
1
|
Can local governments settle tax disputes with property owners by
agreeing to take property off the tax rolls - without the consent
of the State Tax Commission? The answer could affect many parcels
of land in Michigan.
Background >> |
|
State
Farm Fire & Casualty
v
Old
Republic Ins
117470 |
2
|
Where a business owner had an accident with a rented vehicle that
resulted in thousands of dollars in damage to his own property,
which insurance company must cover the damage - the insurer for
the business property, or the company that provided no-fault auto
insurance to the rental company?
Background>> |
|
Rogers
v
JB Hunt
Transport
118766 |
3
|
Under
Michigan law, an employer is responsible for its employee's negligence
if the employee committed the negligent act within the scope of
employment. In this case, a truck driver who is a defendant in a
wrongful death suit failed to cooperate with discovery; a default
judgment, including a finding that the driver was negligent, was
entered against him. Can the plaintiff use that default judgment
to establish the employer's
liability - and financial responsibility - for the accident?
Background>> |
|
Nowell
v
Titan Ins
119013 |
4
|
This dispute concerns whether a driver received notice that his
auto insurance policy was going to be cancelled. The driver testified
that he did not receive the notice until after an auto accident
in which his passenger was injured, which took place about 16 hours
after the policy was cancelled. Where the insurance company could
not prove that the driver did see the notice before the accident,
did the judge properly enter a judgment that the insurer had to
provide coverage for the accident? Should the issue of the driver's
credibility have been left for a jury to decide?
Background>> |
|
Federated
Publications
v
City of Lansing
118184
118186 |
5
|
Should the
City of Lansing disclose files related to internal Police Department
investigations in response to a newspaper's Freedom of Information
Act request?
Background>> |
|
|
Thursday,
March 14, 2002
|
Case
Name &
Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
|
Molloy
v
Molloy
120096
|
6
|
A judge interviewed a child alone off the record, and relied on
the interview in making the custody decision. Should the judge have
relied on the interview only to establish the child's preference
about custody?
Background>> |
|
January Session, 2002
|
Wednesday,
January 23, 2002
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
General
Motors
v
Dept of Treasury
116984 |
1
|
General Motors and its dealers, under a "Goodwill Adjustments Policy"
program, provides free vehicle parts to GM customers after express
warranties on the vehicles expire. The Michigan Department of Treasury
argues that GM must pay a use tax on the free parts, including millions
of dollars in back taxes. GM argues in part that the use tax is
really an unconstitutional "double tax" because the cost of the
replacement parts is included in the purchase price and is taxed
at the time of sale. The Court's decision in this case could have
a wide impact, affecting other auto and durable goods manufacturers
who have similar programs.
Background>>
|
|
Mack
v
City of Detroit
118468 |
2
|
Does
an anti-discrimination provision in the City of Detroit charter
give the plaintiff, a lesbian police lieutenant, the ability to
sue for discrimination based on sexual orientation? The answer could
determine whether local human rights ordinances forbidding discrimination
based on sexual orientation create a right to sue. Michigan's state
civil rights law, the Elliott-Larsen Act, does not cover discrimination
against gays and lesbians.
Background>> |
|
WPW
Acquisitions v
City of Troy
118750 |
6
|
Should real property's taxable value go up based on increased occupancy?
This dispute, which concerns a 1994 amendment to the Michigan Constitution,
could affect commercial real estate throughout Michigan.
Background>> |
|
Leroux
v
Secretary of State
120338 |
7
|
The redistricting
of Michigan's 15 seats in the U.S. House of Representatives.
Background>> |
|
|
Thursday,
January 24, 2002
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Stanton
v
City of Battle Creek
115909 |
3
|
Is
a forklift a "motor vehicle" for the purposes of Michigan's governmental
immunity statute? While the statute bars most suits against governmental
entities, it does allow suits for injuries caused by the "negligent
operation" of a governmental-owned motor vehicle by a government
employee. The answer will determine whether the plaintiff - who
was injured by a city-owned forklift - can sue for his injuries.
Background>> |
|
Archambo
v
Lawyers Title Insurance
118508 |
4
|
When
the plaintiff bought back property he had owned five years earlier,
he did not reveal that there was a tax lien on the property. The
title commitment document, which served as an application for title
insurance, provided that there would be no coverage if there were
any undisclosed liens on the property, whether or not they were
recorded. By contrast, the title insurance policy itself stated
that there would be coverage for known liens if the liens were recorded.
Which document controls the dispute? The answer will determine whether
the title insurance company has to reimburse the plaintiff for payments
he made to settle the lien and clear the title.
Background>> |
|
People
v
Randolph
117750/
118078 |
5
|
The defendant,
who took items from a store without paying, resisted security guards
who tried to stop him after he left the store. In the struggle,
one of the guards suffered a facial fracture and broken teeth. Was
the defendant properly convicted of unarmed robbery? The defendant
argues that his conviction should be overturned, because he did
not use force in stealing the items, and force or violence are elements
of the unarmed robbery offense. The prosecution argues that the
defendant's attempt to fight off store security supplies the element
of force.
Background>>
|
|
December
Session, 2001
|
Tuesday,
December 4, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
People
v
Krueger
117375 |
1
|
Where the
defendant was charged with sexually assaulting his four-year-old
daughter, were his constitutional rights violated when the trial
judge excluded him from the courtroom - after the child indicated
that she was afraid to testify with the defendant in the room?
Background>> |
|
Cruz
v
State Farm
117505 |
2
|
The plaintiff's
auto insurance contract stated that he must submit to an examination
under oath (EUO) in making an insurance claim. Should his claims
for coverage be dismissed because he refused to submit to an EUO?
Background>> |
|
People
v
Shepard
115615 |
3
|
The
neighbors who accused the defendant of stealing from them said nothing
about the theft the first time police officers called at the scene,
waiting ten hours before reporting the robbery to another set of
officers. The trial judge refused to adjourn the trial so that the
defendant's attorney could contact the first group of officers and
call them as witnesses. Was the defendant denied the right to a
fair trial?
Background>> |
|
Byker
v
Mannes
116380 |
6
|
Where the
plaintiff and defendant shared a number of business ventures over
several years, did their actions create a partnership between them?
Background>> |
|
.
|
Wednesday,
December 5, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Allstate Ins v
McCarn
118266 |
4
|
While living with his grandparents, a 16-year-old shot and killed
his friend in the grandparents' house. The teens were apparently
playing with the gun and believed it was unloaded. Is the incident
an "accident" under the grandparents homeowner's policy -- and is
their insurance company obligated to defend them in a lawsuit brought
by the dead teenager's estate?
Background>> |
|
Koontz
v
Ameritech
116366 |
5
|
The plaintiff
became eligible for a pension after Ameritech eliminated her position.
Instead of a monthly pension, she opted for a lump-sum transfer
to an IRA account. Later, the plaintiff applied for unemployment
benefits. Should her unemployment benefits be reduced by the amount
of the pension payments that she could have received?
Background>> |
|
People
v
Reese
Docket 117891 |
7
|
The defendant
was convicted of armed robbery; a judge refused to instruct the
jury that they could find the defendant guilty of the lesser offense
of unarmed robbery. Is a defendant in a criminal case automatically
entitled to an instruction on lesser included offenses?
Background>> |
|
November
Session, 2001
|
Tuesday,
November 6, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Terrian
v
Swit
115924 |
1
|
Should
the defendants be allowed to operate a "family day care center"
in their homes in a residential subdivision - when a restrictive
covenant for the subdivision bars "commercial enterprises"? Is the
restriction against public policy? The ruling could affect those
who have home businesses.
Background>> |
|
Rose
v
National Auction Group
116600 |
2
|
Does a
written contract bar the plaintiffs' claims for fraud and misrepresentation
- or does an alleged oral agreement allow them to sue?
Background>> |
|
Kitchen
v
Kitchen
116459 |
3
|
Can a property
owner give a permanent license to use the land to another - by making
an oral promise?
Background>> |
|
People
v
Sherman-Huffman
117468 |
4
|
To be convicted
of third-degree child abuse, must the prosecution show that the
defendant intended to or knew that she would harm her daughter -
as opposed to hurting the child through negligent or reckless acts?
Background>> |
|
|
Wednesday,
November 7, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
Lesner
v
Liquid
Disposal
116205 |
5
|
Where a disabled man was partially dependent on his son for financial
support, what is the correct way to calculate worker's compensation
death benefits for the father after the son dies? Should the amount
of benefits be based on the deceased's son's total after-tax earnings
- or only on the amount he contributed to support his father?
Background>> |
|
Robertson
v
Daimlerchrysler
116276 |
6
|
Where a worker suffered a mental breakdown because he believed his
supervisor was trying to retaliate against him, is his mental disability
covered by worker's compensation? Is a mental disability triggered
by an actual employment event compensable even if the worker's perceptions
of the event are unfounded?
Background>> |
|
Cain
v
Waste Management
116389
116945
116953 |
7
|
Is a worker
"totally and permanently disabled" where he can walk and function
at work - but only by using a prosthesis? Should his condition be
evaluated with the prosthesis - or without it?
Background>> |
|
Veenstra
v
Washtenaw Country Club
117985
|
8
|
Does the
Michigan civil rights act's ban on discrimination based on marital
status protect a married man who has engaged in an extramarital
affair?
Background>> |
|
|
Thursday, November 8, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
CAM Construction v
Lake Edgewood Condo Assn
116751 |
9
|
Where the
fourth count of a four-count complaint was dismissed before the
remaining counts were mediated, can the plaintiff proceed to appeal
on the fourth count - or was the claim resolved in mediation?
Background>>
|
|
People
v
Roseberry
115184 |
10
|
Can a defendant
convicted of third-time drunk driving - a felony - challenge his
conviction by arguing that his two earlier drunk driving convictions
were invalid, even though he pled guilty to the earlier offenses?
Background>> |
|
October Session, 2002
|
Tuesday, October 9, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
In
Re Certified Question (Wayne County
v
Philip Morris)
118261
|
1
|
Can Wayne
County sue tobacco manufacturers that the State already sued and
released from future claims by the State and its counties? The answer
could affect how much the State can recover from tobacco manufacturers.
In addition, other Michigan counties could sue the tobacco industry
if Wayne County is allowed to sue.
Background>>
|
|
|
Wednesday, October 10, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
People
v
Cornell
115833 |
2
|
Where
the defendant was convicted of breaking and entering with intent
to commit larceny - but argued that he did not intend to steal -
was he entitled to a jury instruction that he could be convicted
of a lesser offense, "breaking and entering without permission"?
Should the defendant's conviction be reversed on that basis?
Background>> |
|
People
v
Silver
117024 |
3
|
Where
the defendant was convicted of home invasion, should the jury have
been instructed that they could find him guilty of the lesser offense
of "entering without permission"? Also, did the trial judge err
by ordering the defendant to wear handcuffs and leg shackles during
trial? Should the defendant's conviction be reversed on either of
these grounds?
Background>> |
|
People
v
Lett
117041 |
4
|
Does double
jeopardy mean that the defendant's murder conviction must be overturned?
Background>> |
|
Roberts
v
Mecosta Co Hospital
116563
116570
116573 |
5
|
Under
Michigan's medical malpractice law, the plaintiff was required to
file a presuit notice describing how the defendants breached the
standard of medical care. After the suit was filed and the statute
of limitations expired, the defendants argued that the presuit notice
was inadequate and that the plaintiff's suit should be dismissed.
The plaintiff argues that the defendants should have raised their
objections during the six-month period after she filed her notice
and before the lawsuit started.
Background>> |
|
Lapeer County Clerk
v
Lapeer Circuit Judges
118091
118102 |
6
|
This case
presents a conflict over responsibility for records, filings, and
other clerical matters in the family division of circuit court.
The answer will affect Michigan's family courts.
Background>> |
|
|
Thursday, October 11, 2001
|
Case
Name & Docket Number |
Calendar
Number
|
At
Issue
|
Status
|
In Re Hon. Susan R.
Chrzanowski
116721 |
7
|
Should Judge
Susan Chrzanowski be suspended from serving as a judge?
Background>> |
|
Pohutski
v
Allen Park
116949
116563 |
8
|
When
sewer systems back up into homeowners' basements, must city governments
pay for the damage? The answer could affect a large number of Michigan
cities and homeowners.
Background>>
|
|
Jones
v
City of Farmington Hills
117935 |
9
|
Is the
City of Farmington Hills liable for flooding damage to some residents'
homes?
Background>> |
|
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