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Court of Appeals, Western District

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Negligence: Dangerous Condition of Public Property-Intervening Cause-Sovereign Immunity

Where appellants brought wrongful-death and personal-injury claims against a city after a car accident, arguing that the city waived its sovereign immunity based on the unmarked edge of the roadway with a 9-inch drop, which they alleged was a dangerous ...

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EnvironmentalL Concentrated Animal-Feeding Operation-Permit Application

Plaintiffs appealed from the decision of the Clean Water Commission to deny their permit application for a concentrated animal-feeding operation. Plaintiffs argued that the entities challenging their applications lacked standing, that the CWC’s decision was untimely and was issued without ...

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Employment: Religious Discrimination-Evidentiary Rulings

Plaintiff appealed from the entry of judgment in favor of defendant in plaintiff’s religious-discrimination and retaliation complaint. Plaintiff challenged the trial court’s evidentiary rulings, including barring plaintiff, during closing argument, from commenting on the absence of witnesses, and also challenged ...

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Domestic Relations: Paternity-Child Custody

Mother appealed from the judgment establishing paternity and determining child custody, child support and parenting time. Mother argued that the trial court’s adoption of father’s parenting plan was against the weight of the evidence, exceeded the scope of the matter ...

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Criminal Law: Post-Conviction Relief-Mailbox Rule-Active Interference Exception

Where a defendant challenged the dismissal of her pro se motion for post-conviction relief as untimely, the defendant was denied a critical piece of evidence proving the date on which her motion was mailed because the clerk failed to fulfill ...

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Criminal Law: Expungement-Eligibility-Time-Period Requirements

Where appellant challenged the dismissal of his petition for expungement of his 1970 conviction for felony possession of a stimulant drug, the trial court erred by finding that the appellant was ineligible for expungement based on a subsequent felony conviction ...

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Criminal Law: Child Pornography-Double Jeopardy

Defendant was convicted of sexual exploitation of a minor and possession of child pornography arising from a recorded video on his cell phone. On appeal, defendant argued that his conviction violated double jeopardy because possession of child pornography was a ...

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Criminal Law: Assault-Evidence of Prior Criminal Convictions

Defendant appealed from his conviction for first-degree assault and armed criminal action, arguing that the trial court erred in denying his motion for mistrial because the state inadvertently had revealed to the jury, in response to a venireperson’s statement, that ...

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Civil Practice: Dismissal of Party-FLSA-Economic-Realities Test

Where appellant challenged a trial court order dismissing respondent as a party in a dispute involving corporate assets and liability, the Fair Labor Standards Act and the state’s minimum-wage law required the application of the economic realities test and the ...

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Landlord-Tenant Law: Commercial Lease-Alterations to Premises-Attorneys’ Fees

Where a tenant in a commercial-lease agreement challenged an adverse judgment for the landlord on the landlord’s breach of lease and guaranty claims, under the lease provisions the parties clearly intended rents from reletting to offset any damages owed by ...

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Insurance: Equitable Garnishment-Ambiguity

Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the ...

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