People v. Gaines
Michigan Court of Appeals · 1997-07-16 · cited 10×
The case involved a jury conviction of defendant Alphonso D. Gaines for assault on a prison employee while he was incarcerated, along with a habitual offender charge, resulting in a sentence consecutive to his existing term. Defendant appealed, arguing insufficient evidence because the prosecution failed to prove his imprisonment was lawful as required by the statute. The Michigan Court of Appeals reversed the conviction, holding that the clear statutory language requires proof of lawful imprisonment beyond a reasonable doubt, which was not provided at trial since the prosecution offered no evidence beyond the fact of imprisonment itself. The court further ruled that double jeopardy precluded retrial due to the evidentiary insufficiency.
criminal lawprocedure
Bruce v. Cuna Mutual Insurance Society
Michigan Court of Appeals · 1996-11-22 · cited 2×
The case involved a beneficiary's claim for benefits under an accidental death insurance policy after the insured died from alcohol poisoning with a blood alcohol level of 0.40 percent. The insurer denied coverage based on policy exclusions for voluntary use of any drug, medicine, or sedative and for intentionally self-inflicted injury. The appeals court affirmed the trial court's grant of summary disposition to the plaintiff, holding that the accidental nature of the death must be evaluated from the decedent's subjective perspective, under which he did not intend to injure himself by drinking, and that any ambiguity in the term "injury" must be resolved in favor of coverage. The court also applied the reasonable-expectations doctrine, concluding that a reasonable policyholder would anticipate coverage for accidental death from alcohol poisoning.
business & regulatory
People v. Yeoman
Michigan Court of Appeals · 1996-10-15 · cited 37×
In People v. Yeoman, the defendant was convicted after a jury trial of inserting an instrument into a money changer with intent to steal under MCL 752.811(a) and of being a habitual offender with three prior felonies under MCL 769.12, resulting in a sentence of four to fifteen years. The court addressed whether evidence obtained after a police stop of the defendant's vehicle should have been suppressed, finding that Officer Anderson had reasonable and articulable suspicion under the totality of circumstances—including the late hour, the occupants' suspicious behavior around the money changer, abandoned quarters, and the officer's prior experience with similar frauds—to justify a Terry investigative stop. The stop led to information confirming a felony, supporting a warrantless arrest, and the subsequent search was valid incident to that arrest. The court affirmed the conviction but remanded solely for the administrative task of preparing a sentencing information report, as required even for habitual offenders to aid guideline development.
criminal lawprocedure
People v. Griffis
Michigan Court of Appeals · 1996-09-27 · cited 1×
The case involved defendant Griffis's appeal of his jury convictions for receiving and concealing stolen property over $100 and for concealing or misrepresenting the identity of a motor vehicle with intent to mislead, arising from his possession of a stolen Mercedes-Benz with altered VINs that he had insured under an alias. The trial court sentenced him to probation, a $5,000 fine, and over $42,000 in restitution. On appeal, the court affirmed the convictions, finding no abuse of discretion in admitting evidence of the defendant's alias or in denying a mistrial motion, no double jeopardy violation because the offenses involved distinct elements and legislative intent, and no merit to claims regarding prior bad acts evidence. It modified the sentence by reducing the fine to the $2,500 statutory maximum but found the restitution issue unpreserved for review.
criminal lawprocedure
Shanafelt v. Allstate Insurance
Michigan Court of Appeals · 1996-09-13 · cited 50×
In this no-fault insurance dispute, plaintiff Joyce Shanafelt sought benefits from defendant Allstate after slipping on ice and injuring her leg while entering her parked truck after dining at a restaurant. The circuit court granted summary disposition to plaintiffs on liability, finding the injury occurred while entering the vehicle under the no-fault act's exception for parked vehicles in MCL 500.3106(1)(c), and awarded damages and attorney fees despite the coordinated health insurer having paid medical expenses. On appeal, the court affirmed the liability ruling and fee award, reasoning that the undisputed facts established plaintiff was entering the vehicle at the time of injury so that coverage applied and the denial was unreasonable, but vacated the judgment to add statutory and penalty interest as required by law.
business & regulatoryhealthcareproceduretorts & liability
In Re Halbert
Michigan Court of Appeals · 1996-09-04 · cited 9×
This case involved an appeal challenging a probate court order that terminated a father's parental rights to his son under Michigan's Adoption Code, MCL 710.51(6), to permit adoption by the child's stepfather. The lower court had terminated the rights after examining the two-year period before the father's incarceration, finding he had failed to provide support or contact despite ability to do so. The Court of Appeals reversed, holding that the statute must be applied as written and requires examination of the two-year period immediately preceding the filing of the termination petition. Because the father was incarcerated during that period and thus lacked the ability to support or visit the child, the grounds for termination were not met. The court noted that the father's incarceration placed him outside the statute's intended scope for stepparent adoptions.
family law