DePerno and his lawsuit gained national attention as he rode the wave of election criticism and denial after President Donald Trump lost in 2020. They argued that sex, as used in the ELCRA, is limited strictly to gender. Support MLive.com, Disclosures detail Democrats financial dominance in top races, running for Michigan Republican Party chair. Activists on each side of the abortion issue have pointed fingers at those on the other. In early September, the Court resolved several high-profile cases concerning proposed amendments to the Michigan Constitution that will be placed on the November 8, 2022 general election ballot. Although every effort is made to maintain Michigan was one of 30 states that held elections for state supreme court in 2022. Department of Civil Rights, __ Mich. __, __ N.W.2d __, 2022 WL 3007805 (2022). If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Sarah McCammon is a National Correspondent covering the Mid-Atlantic and Southeast for NPR. Seven justices serve on the Michigan Supreme Court, which focuses on reviewing decisions in the Michigan Court of Appeals. Only judges in lower courts may be removed in this manner. But DePerno argued, without credible evidence, there could be issues with the voting machines that would undermine any recount or other efforts by elections officials. Unfair Labor Practice Found: at *20-28 (Zahra, J. dissenting), *29 (Viviano, J. dissenting). [37] In re Executive Message (Governor v. Prosecuting Attorneys) (Mich. Supreme Court Docket No. At issue were several changes that the Michigan Legislature made to states initiative and referendum process in 2018. Each justice serves an eight-year term. In 2014, Edwardss family filed a request under, Justia Opinion Summary: Robert Taylor was convicted by jury of first degree felony murder, carjacking, conspiracy to commit carjacking, kidnapping conspiracy to commit kidnapping, and possession of a firearm during the commission of a felony., Justia Opinion Summary: In case no. (Opinion on Application - Remand to TC), Michigan v. Beck (Opinion on Application - Partial Affirm), People Of Mi V Kino Dominque Christian (Opinion on Application - Remand to TC), Bauserman v. Unemployment Insurance Agency (Opinion on Application - Affirm CoA), Michigan v. Lucynski (Opinion - Leave Granted), Saugatuck Dunes Coastal Alliance v. Saugatuck Twp. The officer in this case claimed, Justia Opinion Summary: Appellant Saugatuck Dunes Coastal Alliance, argued that lower courts erred when they found that the Michigan Zoning Enabling Act (MZEA) denied it standing to appeal the decisions of the Saugatuck Township Planning, Justia Opinion Summary: This was the second time these consolidated cases went before the Michigan Supreme Court. While the 2020 election brought about a change in control of the White House and U.S. Senate, it also shifted the balance of power on the Michigan Supreme Court. [25], In People v. Stovall, the Court weighed the constitutionality of a sentence of life with the possibility of parole for a defendant who committed second-degree murder while a juvenile. A lower court dismissed his case in the spring of 2021. During the 2022-2023 term, the Michigan Supreme Court may also weigh in on abortion access more directly than it did in Reproductive Freedom For All as multiple lawsuits challenging the States 1931 abortion ban are working their way through the state court system. DePerno has said he is innocent and has called the investigation politically motivated. "Throughout this ordeal, I've had to look deeply at what my cohorts and I did at the Supreme Court," Rev. Rob Schenck's last name. Technical Professional Officeworkers Association of Michigan -and- Daniel Lee Renner. The Michigan Supreme Court also issued four decisions concerning the States special sentencing procedures for youth offenders who are convicted of specific crimes, including first- and second-degree murder. [37], The Supreme Court also has received multiple filings in connection with a challenge to the ban brought in the State Court of Claims. Michigan Supreme Court Decisions. Justia Opinion Summary: Kino Christian, Joshun Edwards, and CQuan Hinton were convicted by jury of murder in 2007 and sentenced to life in prison. [13] Id. Democrats have proposed legislation that would impose a code of ethics on the justices, but so far have been unable to pass it. Published June 21, 2022 at 11:11 PM EDT. [42] Although briefing was completed in the spring of 2021, the oral argument was twice pushed back by request of the parties during the 2021-2022 term. Please refer tothe Pending and Resolved Formal Proceedings (accessible on the Home Page)for an alphabetical list of disciplinary proceedings by judicial officers'last names. A justice may be removed from the Michigan Supreme Court through an impeachment process. Kent CC: 10-002810-FC . These fraudulent claims were utilized to undermine the electorates faith in our system of elections not just in Michigan, but nationwide," she said in a statement. LANSING, Mich. Today, Governor Not a single member of the Court believed the claims made by the Plaintiff or his counsel were worthy of consideration.. In People v. Taylor, the Court considered the proper procedure when a prosecutor seeks to sentence a juvenile offender to life without parole for first-degree murder. [43] The oral argument has not yet been rescheduled, but given that the Court tried to hold the argument twice last term, it seems likely that the Court will again seek to do this term. Due to the computer systems findings, the plaintiffs were disqualified from receiving benefits and subjected to additional financial penalties. FLINT, Mich. A judge dismissed criminal charges against former Michigan Gov. The plaintiffs challenged the 15% geographic-distribution requirement as violating state constitutional provisions that reserve to the people the ability to approve or reject legislation (referenda), to propose laws to the legislature and enact them if the legislature refuses (initiated statutes), and to propose and approve amendments to the state constitution (initiated constitutional amendments). Afterward, Schenck said, the donor told him she'd learned there that the decision in Burwell v. Hobby Lobby, a case before the court that centered on religious liberty, would be favorable to conservatives. Of those, the Court ends up hearing and deciding only 2-3%. [24] People v. Parks, __ Mich. __, __ N.W.2d __, 2022 WL 3008548 (2022). decisions from the Michigan Court of Appeals, Michigan appeals court rules against DePerno effort to revive debunked election fraud case, Judge dismisses Antrim County election fraud lawsuit, Prosecutor: DePerno criminal investigation won't be done before Election Day, Muskegon prosecutor appointed to review criminal allegations against DePerno, others, Your California Privacy Rights / Privacy Policy. This site was built using the UW Theme | Privacy Notice | 2022 Board of Regents of the University of Wisconsin System. [7] By a 4-3, party-line vote, the Court invalidated the affidavit requirement, while a 6-1 majority (with Justice Bernstein dissenting) upheld the checkbox requirement. Defendants direct appeals were unsuccessful. The 2021-2022 Summary of Select Michigan Planning and Zoning Court Cases is now available and includes cases from the Michigan Supreme Court (MSC), Michigan It is responsible for interpreting the Constitution of the United States. [9], Another significant decision from the term was Bauserman v. Unemployment Insurance Agency, in which the Court recognized for the first time that individuals can sue the state government for monetary damages when the State violates any of the rights enshrined in the Michigan Constitutions Declaration of Rights (with limited exceptions).[10]. [38] The Supreme Court also has a pending request from the same matter filed by the Michigan Catholic Conference, Right to Life Michigan, and two county prosecutors. Parks argued that his sentence was cruel and/or unusual punishment under both the, Justia Opinion Summary: Montez Stovall was convicted by jury for second-degree murder, a crime committed when he was a juvenile. In late 2016, petitioner purchased a second, Justia Opinion Summary: Comerica, Inc. sought to redeem certain tax credits over the Michigan Department of Treasurys objection. "While this breach of trust was undoubtedly a serious incident, made even more troubling in light of the leak of the Dobbs opinion earlier this year, it should not be the key takeaway from Rev. Let this be the nail in the coffin for the specious claims made during the course of this case. December 2, 2022 . Lansing The Michigan Supreme Court nixed on Friday former attorney general candidate Matt DePerno's lawsuit that attempted to challenge the 2020 presidential As I have explained in the past, the language of this provision could ensure an audit that facilitates timely challenges to election results or allows for assessments of election procedures that lead to future improvement," Viviano wrote in his statement concurring with his fellow justices in denying DePerno's application to appeal. During a recess on the second day of the trial, the mother of the victims child made, Justia Opinion Summary: Donald Davis was convicted by jury on multiple felonies relating to the shooting death of Devante Hanson. Henry Ford Health First in Michigan to Offer Multi-Cancer Early Detection Blood Test. Earlier this year, the office of the attorney general revealed the existence of a criminal investigation that alleges DePerno and others illegally gained access to and tampered with voting machines from small, northern Michigan communities not in Antrim County. 2022 Advance Local Media LLC. In September 2017, the Leffews moved to Michigan where they stayed with, Justia Opinion Summary: The League of Women Voters, Progress Michigan, the Coalition to Close Lansing Loopholes, and Michiganders for Fair and Transparent Elections brought an action in the Court of Claims against the Michigan Secretary of, Justia Opinion Summary: The League of Women Voters, Progress Michigan, the Coalition to Close Lansing Loopholes, and Michiganders for Fair and Transparent Elections challenged the constitutionality of 2018 PA 608, which changed the procedures, Justia Opinion Summary: The Michigan Judicial Tenure Commission (JTC) filed a formal three-count complaint against Third Circuit Court Judge Bruce Morrow, arising from comments he made to two female prosecutors during a murder trial. Several of the more contentious decisions are discussed below. Those parties seek to overturn a Court of Appeals order that declined to take control of the case from the Court of Claims judge.[39]. The Michigan Supreme Courts 2022-2023 term is now underway, with consequential rulings already being made and other important matters looming. In these decisions, the four Democratic-nominated Justices usually voted together and were occasionally joined by Republican-nominated Justice Elizabeth Clement. [30] People v. Boykin; People v. Tate, __ Mich. __, __ N.W.2d __, 2022 WL 3007485 *7-10 (2022). To see more, visit https://www.npr.org. Under those 2018 provisions, no more than 15% of the signatures on a referendum or initiative petition could be obtained from a particular congressional district; paid petition circulators had to file an affidavit disclosing their non-volunteer status; and petition forms had to include a checkbox indicating whether the circulator was paid or unpaid.[2]. But whatever (that right) means, Viviano wrote, it surely cannot be that each qualified elector can undertake his or her own separate audit of an election.. [10] Bauserman v. Unemployment Insurance Agency, __ Mich. __, __ N.W.2d __, 2022 WL 2965921 (2022). Dec. 10 (UPI) -- Michigan prosecutors say they will appeal a court decision dismissing charges against former Gov. Their tenure will last until the next general election, when they must win an election to stay on the Court. Michigan Attorney General Dana Nessel intervened in the lawsuit on behalf of Secretary of State Jocelyn Benson, repeatedly arguing it served as a vessel to spread election misinformation. In addition, the Court has scheduled 11 cases for oral arguments in October and has another 50 cases waiting to be scheduled, including a challenge to the University of Michigans prohibition of firearms on its campus. [18] Rouch World, 2022 WL 3007805 at *11-12. The order issued Friday upholds decisions from the Michigan Court of Appeals and a lower court dismissing the lawsuit, brought in the days after the 2020 election by lawyer Matthew DePerno. [5] As the Court explained, the requirement made it more difficult and expensive to gather the required number of signatures, and also effectively voided any signatures collected in a district after the 15% limit had been reached. Viviano, a conservative, said that did not make sense. [36] Anderson v. Board of State Canvassers, __ N.W.2d __, 2022 WL 4098544 (2022). Despite numerous experts highlighting obvious flaws in the report, Trump used it to try and bolster his efforts to undermine the 2020 election results. The results were affirmed by a hand recount. The JTC, Justia Opinion Summary: The Judicial Tenure Commission (JTC) filed a formal three-count complaint against Third Circuit Court Judge Bruce Morrow, arising from comments he made to two female prosecutors during a murder trial. Defendant was serving a sentence at a state correctional facility when prison staff found him in a bathroom stall near a cell phone. PEOPLE OF THE STATE OF MICHIGAN v. LANTZ HOWARD WASHINGTON. Zachary Clingenpeel | ZClingenpeel@mlive.com, News never stops. Learn more about accessibility at UWMadison. Dec. 10 (UPI) -- Michigan prosecutors say they will appeal a court decision dismissing charges against former Gov. DePerno, endorsed by Trump, became the Republican nominee for Michigan Attorney General but lost last month to incumbent Dana Nessel by 9 percentage points. It requires a public release of the methods for auditing an election before the election takes place, for audits to be conducted in public and public disclosures of funding for election audits. To serve on the Michigan Supreme Court, a candidate must be younger than 70, which is the mandatory retirement age in Michigan. 157738, Demariol Boykin was convicted by a jury of first-degree murder and possession of a firearm during the commission of a felony (felony- firearm). [36] Opponents of the measure argued that it should be removed from the ballot because it addresses multiple subjects, but the Court disagreed in a short, two-sentence order. Nos. The Court, in a 4-3, party-line decision written by Justice Cavanagh, acknowledged that Miller and Montgomery do not impose a presumption against life without parole for juvenile offenders convicted of first-degree murder but held that the States statutory sentencing procedures create such a presumption and that the prosecutor must rebut the presumption by clear and convincing evidence. Justices Microscope, Amicus Brief Feature, Maps, Elections, and Governmental Power: A review of the Wisconsin Supreme Courts 2021-22 Term & preview of 2022-23, https://www.detroitnews.com/story/news/local/michigan/2022/08/31/voting-rights-ballot-proposal-headed-court-after-canvassers-deadlock-michigan-abortion-rights/7948041001/, https://www.freep.com/story/news/politics/2022/08/31/michigan-elections-panel-voting-rights-proposal/65462378007/?gnt-cfr=1, https://www.courts.michigan.gov/c/courts/coa/case/330555, Rob Yablon discusses the future of redistricting in Wisconsin, Rob Yablon discusses the background and importance of the 2023 Wisconsin Supreme Court election, Rob Yablon comments on the long lasting effects of the 2023 Wisconsin Supreme Court election, Analysis: Unpacking Ohios flawed supermajority proposal for ballot initiatives, Legal Interpretation in State Courts: Judicial Perspectives. Judge gets new job while ex-Gov. In this case, the plaintiffs sought to vindicate their state constitutional right to due process: They (along with an estimated 40,000 others in Michigan) had sought unemployment compensation benefits from Michigans Unemployment Insurance Agency, but an automated computer system erroneously found them to have committed fraud. [2] League of Women Voters v. Secretary of State, 508 Mich. 520, 975 N.W.2d 840 (2022). Subscribe to Justia's Free Summaries at *9 citing Godfrey v. Iowa, 898 N.W.2d 844, 856-857 (Iowa 2017). FLINT, Mich. A judge dismissed criminal charges against former Michigan Gov. Genesee County Judge F. Kay Behm was approved by the U.S. Senate this week to become a federal judge in eastern Michigan. The, Justia Opinion Summary: James Township, Michigan filed a nuisance action against Daniel Rice , alleging Rice violated the townships blight ordinance as well as the Michigan Residential Code by having junk cars, unpermitted construction, and, Justia Opinion Summary: Meemic Insurance Company filed a subrogation claim against Angela Jones, seeking to recover from Jones money it had paid to CitiMortgage, Inc., the mortgagee of a residential house owned by Jones and insured by Meemic,, Justia Opinion Summary: When a party files an action for divorce and the other spouse subsequently dies before the divorce is finalized, there is a rebuttable presumption that the surviving spouse was not willfully absent from the decedent, Justia Opinion Summary: Mecosta County Medical Center, d/b/a Spectrum Health Big Rapids (and others) sued Metropolitan Group Property and Casualty Insurance Company and State Farm Mutual Automobile Insurance Company at the Kent Circuit Court,, Justia Opinion Summary: John Moss was convicted of third-degree criminal sexual conduct (CSC-III) after he pleaded no contest to the charge. Although the Court has not yet begun hearing oral arguments for the new term, it has already decided three expedited lawsuits concerning proposed amendments to the Michigan Constitution that will appear on voters ballots in November. of Michigan Supreme Court opinions. The Michigan Supreme Court ordered Thursday that a citizen-initiative ballot measure seeking to enshrine abortion rights in the state constitution be added to the Supreme Court of Michigan. "I believe we pushed the boundaries of Christian ethics and compromised the high court's promise to administer equal justice.". [29], Finally, in People v. Boykin; People v. Tate, the Court considered the proper way to account for a juvenile offenders youth in the special sentencing process when the prosecution seeks a sentence to a term of years (rather than life with or without parole). Community Rules apply to all content you upload or otherwise submit to this site. That subsidiary assigned the, Justia Opinion Summary: Consumers Energy Company filed an action against Brian and Erin Storm, and Lake Michigan Credit Union, seeking to condemn a portion of the Storms property for a power-line easement. "The moral of the story is this Supreme Court justices can't effectively self-police their own ethics. The Court, in a 4-3, party-line decision written by Justice Welch, the Court held that the U.S. Supreme Courts logic in Miller about why children are different from adults for purposes of sentencing also applied to 18-year-olds and concluded that mandatory life sentences for 18-year-olds constitute cruel or unusual punishment in violation of the Michigan Constitution. In May 2022, the Court of Claims issued a preliminary injunction that temporarily blocked the Michigan Attorney General and all local officials acting under the [Attorney Generals] supervision from enforcing the ban. This means that it decides cases that 91.7 Ann Arbor/Detroit 104.1 Grand Rapids This glitch, however, was caused by clerk staffs failure to update software not issues with voting machines that DePerno argued without sufficient evidence. [32] Reproductive Freedom for All v. Board of State Canvassers, __ N.W.2d __, 2022 WL 4117489 (2022). One third of the Courts opinions from the term fell into this category: eight decisions were decided by 4-3 votes and five decisions by 5-2 votes (though some disagreements were sharper than others). The Michigan Supreme Court issued a series of critical decisions in late July that will provide new protections to youth who face harsh treatment in the criminal legal A U.S. Supreme Court decision Tuesday in a school choice case from Maine could play a role Importantly, the Court did not address whether vendors like the event space owners might be able to invoke federal and state constitutional religious liberty protections to avoid liability under the ELCRA for sexual orientation or gender identity discrimination as the issue had not been decided in the lower court. /. Contact Dave Boucher: dboucher@freepress.com or 313-938-4591. DETROIT (Oct. 20, 2022) Henry Ford Hospital has earned a Read More. DePerno, who recently lost in his GOP bid to become the state's next attorney general, argued a human error in the northern Michigan community was actually evidence of any number of potentially sweeping issues. The amendment bars any officers and members of the governing bodies of national, state and local political parties, as well as precinct delegates for political parties, from playing any role in the direction, supervision, or conduct of an election audit.. 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