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Michael Talbot

Judge, Michigan Court of Appeals

BA, Georgetown UniversityJD, University of Detroit Mercy

Affiliations

On the bench with

⚖️ Joel P. Hoekstra ⚖️ Michael J. Kelly ⚖️ Stephen Borello ⚖️ Stephen L. Borrello ⚖️ Michael J. Riordan ⚖️ Elizabeth L. Gleicher

Decision record

Newest first · every case links to the full record

People v. Parker
Michigan Court of Appeals · 2005-09-28 · cited 10×
The case involved defendant Charles Parker, who pleaded guilty to a probation violation after his original 2001 convictions for receiving and concealing stolen property and operating a motor vehicle while under the influence. The trial court imposed prison sentences of two to five years on each count without applying Michigan's legislative sentencing guidelines. Parker moved for resentencing, arguing that the guidelines applied to his post-probation-violation sentence because his underlying offenses occurred after January 1, 1999. The court held that the guidelines must be used in this situation, following the Michigan Supreme Court's decision in People v. Hendrick, and that the issue was properly preserved by the motion for resentencing. It therefore reversed the sentences and remanded for resentencing in accordance with the guidelines.
criminal lawprocedure
Jackson-Rabon v. State Employees' Retirement System
Michigan Court of Appeals · 2005-06-22 · cited 1×
The case involved a state employee's application for nonduty disability retirement benefits under MCL 38.24 after the State Employees’ Retirement Board denied her claim, finding that while her disability was total, she had not proven it was permanent. The circuit court reversed the board and ordered benefits, concluding that the board's relied-upon psychiatric opinion was speculative. The Court of Appeals reversed the circuit court, holding that the board's decision was supported by competent, material, and substantial evidence, including expert testimony that the condition was not permanent and that alternative treatments existed. The court noted that the board could credit one expert's view over others and that the circuit court had misapplied the substantial evidence standard in reviewing the administrative findings.
labor & employmentprocedure

Judicial data via CourtListener (Free Law Project). Social links via Wikidata.

BA, Georgetown University →BA, Georgetown UniversityJD, University of Detroit Mercy →JD, University of Detroit Mercy

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