Following a jury trial, defendant was convicted of domestic violence, MCL 750.81(4), unlawfully driving away a motor vehicle, MCL 750.413, and felon in possession of a firearm, MCL 750.224f. For those respective convictions, he was sentenced as a fourth habitual offender, MCL 769.12, to concurrent prison terms of forty-six to one hundred eighty months, five to thirty years, and five to thirty years. He appeals as of right. We affirm... In addition to the crimes of which defendant was convicted,...  

Plaintiff1 appeals by leave granted the lower court's order granting defendants leave to file a notice of nonparty fault against Dr. Chad Williams. We reverse and remand... I... Prior to August 2002, plaintiff was active and in good health, and a patient of Caledonia Family Practice and of Dr. Battiste. In August 2002, plaintiff presented at the Caledonia Family Practice with complaints of numbness in her toes and fingers, and was examined at that time by Dr. Battiste. In September 2002, lumbar...  

Defendant Bernard Bouschor appeals as of right the trial court order denying his motion for summary disposition based on governmental immunity, MCR 2.116(C)(7). Defendants Daniel T. Green, David E. Scott, James M. Jannetta, and Daniel J. Weaver, defendant Miller, Canfield, Paddock and Stone, P.L.C., and plaintiff Sault Ste. Marie Tribe of Chippewa Indians all cross-appeal. We affirm, in part, and reverse, in part... I. Facts and Procedural History... Plaintiff is a sovereign Indian tribe....  

Defendant appeals as of right his jury trial conviction for failing to pay child support from April 1, 2005, to September 30, 2006. MCL 750.165.1 Defendant was sentenced to 25 to 96 months' imprisonment for his conviction. We affirm... On appeal, defendant proceeds in propria persona, raising 16 issues. We have organized defendant's issues on appeal into four categories: issues implicating defendant's arraignment; issues implicating defendant's arrest; issues implicating defendant's conviction;...  

The people appeal by leave granted from an order of the circuit court granting defendant's motion to amend his presentence investigation report (PSIR). Defendant pleaded guilty to kidnapping, MCL 750.349, and felonious assault, MCL 750.82, and was sentenced to serve concurrent prison terms of 5 to 15 years for kidnapping and 24 months to 4 years for felonious assault. At sentencing, defendant made several objections to information contained in the PSIR and stated that there were "no other...  

A jury convicted defendant of torture, MCL 750.85, and first-degree child abuse, MCL 750.136b(2), and the trial court sentenced defendant to concurrent prison terms of 18 to 30 years for the torture conviction and 43 months to 15 years for the first-degree child abuse conviction. He appeals as of right. We affirm... I... Defendant's convictions arise from the abuse of the six-year-old son of defendant's girlfriend, Jeannine Nyies, during the summer of 2006. The victim lived with defendant and...  

In Docket No. 277474, plaintiffs appeal as of right from an order granting defendant's motion for summary disposition under MCR 2.116(C)(10) with respect to plaintiff Daniel O'Connell's claim for personal injury protection (PIP) benefits under the no-fault act, MCL 500.3101 et seq. In Docket No. 279157, plaintiffs appeal as of right from the trial court's postjudgment order awarding defendant attorney fees and costs of $48,063.16 against plaintiffs New Start, Inc. ("New Start"), Healing...  

Defendant Demetrius Baker appeals as of right the judgment of sentence convicting him of assault with intent to commit armed robbery (AWIRA), MCL 750.89; assault with intent to do great bodily harm less than murder (AWIGBH), MCL 750.84; possession of a firearm during the commission of a felony, MCL 750.227b; and felon in possession of a firearm, MCL 750.224f. Defendant was sentenced as an habitual offender, fourth offense, MCL 769.12. We affirm... Defendant first argues that the evidence was...  

Defendant Sally Ann Bennett pleaded guilty to one count of embezzlement by an administrator, executor, or guardian, MCL 750.176, after she appropriated and gambled away over $100,000 from the estate of Helen Oomen. On August 27, 2002, defendant was sentenced as a habitual offender, second offense, MCL 769.10, to 7 to 15 years' imprisonment, with 185 days' credit for time served, and she was ordered to pay $109,964.20 in restitution. The prison term imposed was an upward departure from the...  

Following a jury trial, defendant was convicted of second-degree home invasion, MCL 750.110(a)(3), and sentenced as an habitual offender, fourth offense, MCL 769.12, to a prison term of 5 to 30 years. He appeals as of right. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E)... Defendant was convicted of breaking into a residential home with the intent to commit larceny. At trial, defendant did not deny that the police discovered him inside the home, but...  

Plaintiff1 appeal by leave granted an interlocutory order granting partial summary disposition to defendants. We affirm in part, and reverse in part... This third-party no-fault action arises out of an auto accident between plaintiff and defendant Kristian Covert. Plaintiff seeks recovery for non-economic damages and wage loss damages in excess of the three-year no-fault act limit on first-party recovery. Plaintiff argues on appeal that they raised a genuine issue of material fact in regard to...  

Defendant appeals as of right his bench trial conviction of assault and battery. MCL 750.81. He was sentenced to a fine of $500 plus costs. We affirm... Defendant was the victim's tenth-grade math teacher. The victim testified that, in November/December 2005, defendant requested sexual relations and touched her left thigh and vaginal area when she approached him for help with a math problem during her sixth period class. On January 23, 2006, defendant embraced and requested a kiss from the...  

Plaintiff appeals as of right a final order granting summary disposition in favor of defendants Kenneth Clark and Karen Langworthy, and a prior order that granted summary disposition in favor of defendants Tuscola County, Larry Walker, and Diana Santhany. We affirm in part, reverse in part, and remand for further proceedings... Plaintiff's first argument on appeal is that the trial court abused its discretion when it dismissed her case against Kenneth Clark and Karen Langworthy after her...  

Following a jury trial, defendant was convicted of felonious assault, MCL 750.82, and possession of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to five years' probation for the felonious assault conviction after first serving a two-year term of imprisonment for the felony-firearm conviction. He appeals as of right. We affirm... On August 24, 2005, Artis Slater, a used car dealer, and his cousin, Christopher Slater, attended an auction at a business operated by...  

Plaintiff appeals by right in this premises liability case the trial court's May 4, 2007, opinion and order, which granted all defendants summary disposition and denied the motion of defendants Spectrum Health and Spectrum Health Hospital1 to file a cross-complaint against defendant Schindler Elevator Corporation. We affirm... Plaintiff fractured his left index finger after the doors of a freight elevator at Spectrum Health Hospital's Butterworth Campus closed on his hand. Plaintiff filed suit...  

Defendant was convicted of attempted larceny in a building, MCL 750.92 and 750.360, and was sentenced as a fourth habitual offender, MCL 769.12, to one to fifteen years' imprisonment. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E)... On November 14, 2006, three Wayne State University custodians were working together at the Old Main building on WSU's campus. At approximately 5 a.m., they heard a noise in an adjacent classroom. When they investigated, they...  

Defendant appeals as of right his convictions by a jury of two counts of first-degree criminal sexual conduct (CSC-1), MCL 750.520b(1)(a) and (1)(b), for which he was sentenced to concurrent prison terms of 30 to 50 years and 23 years 9 months to 50 years. Defendant was acquitted of a third count of CSC-1. Because we conclude that there were no errors warranting relief, we affirm. This appeal has been decided without oral argument under MCR 7.214(E)... Defendant was charged with raping his own...  

Defendant appeals as of right his jury convictions for first-degree premeditated murder, MCL 750.316(1)(a), and first-degree felony murder, MCL 750.316(1)(b). We affirm, but remand for correction of defendant's judgment of sentence... Defendant first argues that the prosecutor improperly excused an African-American juror from the jury pool. We disagree... In Batson v Kentucky, 476 US 79, 87-88; 106 S Ct 1712; 90 L Ed 2d 69 (1986), the Court mandated a three-step process to determine whether a...  

Defendant appeals by right his jury-trial convictions of two counts of uttering and publishing, MCL 750.249. Pursuant to MCL 769.12, defendant was sentenced as a fourth habitual offender to concurrent prison terms of 2 to 14 years, to be served consecutively to a prior unrelated sentence from which he was on parole. We affirm defendant's convictions and sentence, but vacate the order requiring defendant to repay attorney fees. We remand to the trial court for a determination of defendant's...  

Defendants appeal the trial court's order denying defendant John Henke, M.D.'s ("defendant Henke") motion for summary disposition by order of our Supreme Court, which remanded this case as on leave granted for consideration in light of Miller v Chapman Contracting, 477 Mich 102; 730 NW2d 462 (2007). The trial court held, before the publication of Miller, that plaintiffs had standing to pursue a claim of medical malpractice against defendant Henke despite the fact that they had filed for...