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Posted by: Karen Belcher on Sep 8, 2023

Defendant, Isaiah Harris, appeals the trial court’s order revoking his probationary sentence for four counts of attempted second-degree murder and two counts of felony reckless endangerment and ordering him to serve the balance of his sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Sep 7, 2023

JOHN K. BUSH, Circuit Judge. Plaintiffs Republic Building Company, Inc. and Michael Torres sought to develop condominiums at a property acquired from University Builders, Inc. But there was one problem: they needed rezoning approval from the Charter Township of Clinton, Michigan (the Township). After a protracted dispute over rezoning, plaintiffs sued the Township in Michigan state court to gain approval. The state court entered a consent judgment that dictated the conditions for rezoning the property and completing the project. Years later, after experiencing several setbacks, plaintiffs sought to amend the consent judgment, but the Township refused. Plaintiffs then filed this suit in federal district court, alleging several constitutional violations as well as a breach-of-contract claim. The Township moved to dismiss for lack of subject-matter jurisdiction, which the district court granted, finding plaintiffs’ complaint to be a collateral attack on the consent judgment. Contrary to the district court’s opinion, it did not lack subject-matter jurisdiction, but dismissal was nevertheless proper for failure to state a claim based on res judicata. We therefore AFFIRM.

Posted by: Karen Belcher on Sep 7, 2023

Petitioner, Kellum Williams, appeals as of right from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for first degree premeditated murder, first degree felony murder, and especially aggravated kidnapping and resulting sentence of life without the possibility of parole plus twenty-five years. Petitioner contends that he was denied the effective assistance of counsel based upon trial counsel’s failure to: (1) sufficiently emphasize at trial the theory that the victim died in Montgomery County rather than in Robertson County, as testified to by the State’s experts; (2) seek an independent expert “to test samples from the crime scene”; (3) raise as a defense that venue of the trial should have been in Robertson County instead of Montgomery County; and (4) more extensively question witnesses to demonstrate Petitioner’s “non-participation in the events leading to [the victim’s] death.” Petitioner further asserts that he is entitled to relief based upon cumulative error. Following a thorough review, we affirm the judgment of the post-conviction court.

Posted by: Karen Belcher on Sep 7, 2023

A Shelby County jury convicted Defendant, Deshaun “Bushwick” Tate, of first degree premeditated murder. On appeal, Defendant argues that the trial court erred in denying his motion for judgment of acquittal, his motion for new trial, and his motion to suppress witness identification. After review, we affirm the judgment of the trial court.

Posted by: Karen Belcher on Sep 7, 2023

The parents of Jayla S. appeal the termination of their parental rights. Jayla was removed from her parents’ custody because Jayla tested positive for amphetamines at birth. The Department of Children’s Services (“DCS”) subsequently filed a petition to terminate both parents’ parental rights. Following a two-day trial, the trial court found that multiple grounds for termination had been proven, including the ground of severe child abuse. Finding it also to be in the best interest of Jayla that her parents’ parental rights be terminated, the court terminated both parents’ parental rights. This appeal followed. Finding no error, we affirm.

Posted by: Karen Belcher on Sep 7, 2023

The plaintiff appeals from the grant of summary judgment to the defendants in this action. The trial court dismissed the plaintiff’s claims for false arrest, false imprisonment, intentional infliction of emotional distress, and negligence as barred by the statute of limitations. The trial court also dismissed the plaintiff’s claim for malicious prosecution after finding the plaintiff could not establish that the defendants had initiated the issuance of a criminal warrant without probable cause and with malice. Discerning no error, we affirm the trial court.

Posted by: Karen Belcher on Sep 7, 2023

This is an action to recover amounts due under a promissory note. The trial court awarded the plaintiffs $50,000.00 in compensatory damages, attorney’s fees of one-third of that amount, and prejudgment interest on both the compensatory damages and attorney’s fees. We affirm the trial court’s judgment that the individual defendants are individually liable on the obligation and that the ad damnum clause permitted the plaintiffs to recover $50,000.00 in compensatory damages, plus attorney’s fees and prejudgment interest. We vacate the attorney’s fees award and remand for a determination of the plaintiffs’ reasonable attorney’s fees. We reverse the award of prejudgment interest on the attorney’s fees award only. Affirmed in part, vacated in part, reversed in part, and remanded.

Posted by: Karen Belcher on Sep 6, 2023

In 2020, the Defendant, Riki Kale Moss, was indicted for violation of the implied consent law, driving under the influence (“DUI”) by impairment, and DUI, per se. The Defendant filed a pretrial motion to suppress the evidence resulting from the traffic stop of his vehicle. The trial court granted the Defendant’s motion, and the State filed a motion to reconsider on the grounds that law enforcement had probable cause to stop the Defendant’s vehicle. The trial court issued a revised order denying the motion to suppress, and a jury convicted the Defendant of DUI by impairment and DUI per se. The Defendant appeals the denial of his motion to suppress and also contends that the evidence was insufficient to support his convictions. After review, we affirm the trial court’s judgments.

Posted by: Karen Belcher on Sep 6, 2023

SILER, Circuit Judge. Although Plaintiff Donald Freed prevailed on his Fifth Amendment claim before the district court, he appeals because the district court declined to award him the fair market value of his property minus his debt. Freed argues that the district court erred by (1) violating his Fifth or Eighth Amendment rights by awarding him “the difference between the foreclosure sale and [his] debt” instead of the fair market value of his property; (2) granting qualified immunity to Michelle Thomas, Gratiot County’s (“the County”) treasurer; and (3) denying without prejudice his motion for attorney’s fees. The County cross-appeals, arguing that the district court improperly held it liable for Freed’s 42 U.S.C. § 1983 claims. We affirm.

Posted by: Karen Belcher on Sep 6, 2023

Petitioner, Clint Earl Sims, appeals from the Madison County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to two counts of aggravated assault, three counts of domestic assault, three counts of vandalism less than $1,000, one count of false imprisonment, and one count of violating an order of protection. Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we conclude Petitioner’s appeal is untimely, the interest of justice does not favor waiver of the untimely notice, and therefore, this appeal is dismissed.


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