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Posted by: Tanja Trezise on May 20, 2021

O’Neal Johnson, Petitioner, appeals from the post-conviction court’s denial of postconviction relief. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Posted by: Tanja Trezise on May 20, 2021

Defendant, William Gossett, was charged in twelve separate indictments with 26 offenses, including multiple counts of aggravated rape, aggravated robbery, aggravated burglary, employment of a firearm, and theft of property. Defendant pleaded guilty to all 26 counts, with the trial court to determine his sentencing. Following a sentencing hearing, Defendant received a total effective sentence of 371 years’ incarceration. The sole issue on appeal is whether the trial court properly treated Defendant’s 1999 juvenile adjudications for rape of a child, where there were two victims, as multiple offenses for the purposes of determining Defendant’s offender classification at sentencing. Having reviewed the record and the briefs of the parties, we find no error and affirm the judgments of the trial court.

Posted by: Tanja Trezise on May 19, 2021

Defendant, Marques D. Wheeler, was indicted by the Knox County Grand Jury for two counts of unlawful possession of a weapon and one count of reckless homicide. Pursuant to a negotiated plea agreement, Defendant pleaded guilty to reckless homicide and received an agreed-upon sentence of ten years for his conviction with the manner of service of his sentence to be determined by the trial court. The trial court dismissed Defendant’s unlawful possession of a weapon charges. Following a sentencing hearing, the trial court denied Defendant’s request for split confinement and ordered Defendant to serve his sentence incarcerated. Defendant appeals. Upon review, we affirm the judgment of the trial court but remand the matter for entry of a judgment form for count two.

Posted by: Tanja Trezise on May 19, 2021

Petitioner, Antwain Tapaige Sales, filed a petition for writ of habeas corpus seeking relief from his convictions for second degree murder and attempted second degree murder. The trial court summarily dismissed the petition. Petitioner appealed. Because the notice of appeal was untimely, we dismiss the appeal.

Posted by: Tanja Trezise on May 19, 2021

Parents filed a healthcare liability and wrongful death complaint after the mother delivered a stillborn infant. We granted this interlocutory appeal to review whether the claims commission erred in denying summary judgment to the defendants. Finding no error in the Commission’s ruling, we affirm.

Posted by: Tanja Trezise on May 19, 2021

Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal.

Posted by: Tanja Trezise on May 19, 2021

This appeal stems from the circuit court’s finding that a child was dependent and neglected. In particular, Mother appeals the trial court’s finding that the child was a victim of severe abuse and educational neglect. We reverse the trial court as to both determinations.

Posted by: Tanja Trezise on May 18, 2021

CLAY, Circuit Judge. The Little Traverse Bay Bands of Odawa Indians (the “Band”) appeal the district court’s decision granting summary judgment to Defendant Governor Gretchen Whitmer, in which the court held that the Treaty of 1855 did not create an Indian reservation for the Band under federal law. The Band has lived in the State of Michigan for centuries. While often referred to as one tribe, the Band consists of several distinct factions, including at least five Ottawa and Chippewa tribes. In the nineteenth century, the Band signed several treaty agreements with the United States government that allowed them to reserve and subsequently own land in Michigan. The meaning of one of those treaty agreements is in dispute here on appeal. For the reasons stated below, this court AFFIRMS the district court.

Posted by: Tanja Trezise on May 18, 2021

COOK, Circuit Judge. Plaintiff AWGI (Atlas Movers) claims that defendant Eaton Steel’s companies, Atlas Trucking and Atlas Logistics, infringe on its “Atlas” brand marks. Eaton denies infringing and affirmatively asserts ownership of the Atlas Logistics mark. After a bench trial, the court found for Atlas Movers and against Eaton. We AFFIRM.

Posted by: Tanja Trezise on May 18, 2021

John B. (“Father”) appeals the termination of his parental rights to the minor child, Braylee B. (“the Child”). In September 2019, Brook W. (“Mother”) and Charles W. (“Stepfather”) filed a petition to terminate Father’s parental rights in the Scott County Chancery Court (“Trial Court”). Father filed a motion to compel discovery and continue the trial, which was denied by the Trial Court. Following a trial, the Trial Court terminated Father’s parental rights on two grounds of abandonment due to Father’s failure to support the Child and his wanton disregard for the Child’s welfare. The Trial Court further found by clear and convincing evidence that termination of Father’s parental rights was in the Child’s best interest. Discerning no error, we affirm.


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