State Bar of Michigan
In addition the service provides Michigan primary law, administrative code, state court rules, federal court rules, attorney general opinions, and the model civil jury instructions. . The Conviction Integrity Unit (the CIU) investigates claims of innocence to determine whether there is clear and convincing new evidence that the convicted defendant was not the person who committed the offense. Federal. In 2015, plaintiff underwent an independent medical examination at defendants request pursuant to MCL 418.385. Securities Law Courtrecords.org is a privately owned, independently operated resource for public records. All rights reserved. Information on the filing schedule for applications may be viewed on the Filing Appeals and Original Actions Guide. endstream
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07-101039, Buhl v. City of Oak Park; MiLW No. The trial court granted in part and denied in part the motion, concluding that the evidence was not admissible with regard to the second-degree-murder charge but was admissible with regard to the operating a vehicle while intoxicated (OWI) charges. The Michigan Court of Appeals docket (opinions, orders, case information) is available on the states judiciary website. Signup For Email Notification Supreme Court Opinions Case Summaries/Headnotes; Filed: 21 February 2023 Mandate: 13 March 2023 Zip File of Published Opinions Case Title / Description: First Recovery, LLC v. Unlimited Rec-Rep, LLC (22-495 - Published) Author: Judge Tobias Hampson Collateral Estoppel, Summary Judgment Michigan Court of Appeals - Published Opinions Decisions 2022. Medical Malpractice "The denial of the defense, coupled with the trial courts exclusion of any evidence that Scandalito threatened defendant, effectively left defendant with no defense at all." The court also reviews the decisions of administrative agencies (tribunals). Real Estate & Property Law Where both parties (appellant and appellee) argue at the same time, the time may sum up to 30 minutes, or as permitted by the court. The opinions published on Justia State Caselaw are sourced from individual state court sites.These court opinions may not be the official published versions, and you should check your local court rules before citing to them. WITTENBERG v. BULLDOG ONSITE SOLUTIONS LLC. All rights reserved. Business Law The Court of Appeals is administered by the State which own and operate their own set of buildings and websites. Its opinions are reported both in an official publication of the State of Michigan, Michigan Appeals Reports, as well as the unofficial, privately published North Western Reporter, published by West. Plaintiff applied for reinstatement of her benefits under the WDCA. In case no. Michigan Court of Appeals - Unpublished Opinions Decisions 2021. Copyright 2021SBM. To access this member benefit simply log in to your Member Area and select the Fastcase tab on the right. Your California Privacy Rights/Privacy Policy. However, this number has grown to suit the increasing caseload. As with Boykin, the prosecution did not move to seek a sentence of life without the possibility of parole but instead sought the imposition of a 40- to 60-year sentence, which the trial court imposed. Yet Akrawi does not cite Borden or identify the mens rea for involuntary manslaughter under Michigan law, "let alone make a coherent argument" about why this Michigan offense should fall outside 16(a)'s language. The Court of Appeals hears two types of appeals: claims of appeal and applications for leave to appeal. Courtrecords.org provides access to public criminal records aggregated from a variety of sources, such as county sheriffs offices, police departments, courthouses, and municipal, county and other public sources. The issue this case presented for the Michigan Supreme Courts review provided an opportunity for the Court to provide much-needed guidance to criminal defendants, prosecutors, and trial courts on the proper procedure for conducting MCL 769.25 sentencing hearings when a prosecutor seeks to impose a sentence of life without parole (LWOP) for a crime committed when the defendant was a juvenile. endstream
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Tax Law The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Consumer Law Two of the jurors responded affirmatively. We also maintain an archive of Opinion Summaries from September 2000 to the Present. 7f"s
Below are the addresses of the court: There is no fixed time limit on how long a case may take in the Michigan Court of Appeals from filing to disposition. If this motion is not filed or if the reconsideration is denied, the appeal is closed by the court. The Assistant Attorney General for Law then reviews the draft to assure it is legally sound and performs any editing that may be needed before sending the draft to the Chief Legal Counsel. .N?9{/[}g_i[__~?'tI-br~~^sqvAoZx/_/vs4}4?GW/wb.uWk?H. xy8{e)-?BbQ1cLc03YfD%[lI(;)!Ng9{}_J ;?C dBYU5 0DHVH`Hp<0( q,dGsG,w Michigan Information Guides. All Rights Reserved. Subscribe to Justia's Helen Jordan, a nurse who was formerly employed by the predecessor to the Michigan Department of Health and Human Services, challenged in the Michigan Compensation Appellate Commission (MCAC) the decision of a magistrate that she was not entitled to disability benefits under the Workers Disability Compensation Act (WDCA). Filing Appeals and Original Actions Guide, Michigan Court Of Appeals - First District, Michigan Court Of Appeals - Second District, Michigan Court Of Appeals - Third District, Michigan Court Of Appeals - Fourth District, Appeals by right of final judgments or orders in civil cases decided by the Circuit Courts or Court of Claims, and other lower courts or tribunals, Appeals by right of final judgments or orders in criminal cases from the lower courts, Appeals by right of the judgment or order of a court or tribunal, Appeals by leave of civil cases, criminal cases, and administrative agency, Extraordinary writs, original actions, and enforcement actions such as habeas corpus and mandamus involving government officers, Any appeal or action established by statute, Appeals by the prosecution in criminal cases, Supervision of a lower court or tribunal (Superintending Control), An action to order a state official to perform duty (Mandamus), Release of a person from illegal imprisonment (Habeas Corpus), Which kind of appeal has the most significant advantage to the case; and, If the appellant meets the conditions to file for the appeal. . To be conclusive in the court, two of the three judges must agree on a decision, and this decision is used as a yardstick to guide a later appeal. The State Bar of Michigan has partnered with Fastcase to bring premium state and federal research materials to its membership. If the court does not grant permission, a date will still be set for submission of the case. Opinions issued from 1977 forward may be . Welcome to FindLaw's searchable database of Court of Appeals of Michigan decisions since January 1989. endstream
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Civil Rights Court Records | MichiganCourtRecords.us. The court denied the motions, ruling that although the prosecution had failed to disclose favorable evidence to defendants before trial, the evidence was not material and, therefore, reversal was not required. We also maintain an archive of Opinion Summaries Given the time and attention accorded these matters, the opinions process may take several months to complete depending upon the complexity of the question presented. CLICK HERE TO RECEIVE ATTORNEY GENERAL OPINIONS. Defendant acted as the lookout while Masalmani forced Landry into Landrys car. Parties searching for an opinion or order from the Court of Appeals may enter details such as the partys name, case docket number, a keyword, case type, date, lower court, case status, author, or panel number to get results. H, Get free summaries of new Michigan Court of Appeals - Published Opinions opinions delivered to your inbox! Defendant appealed. %PDF-1.5
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The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Michigan Court of Appeals - Published Opinions. 07-101194 Concurrence, Shaw v. City of Dearborn; MiLW No. 363122 Michael J. Riordan LC No. In this case, the trial court was not operating within the framework the Supreme Court set forth here. In case no. The Attorney General provides Consumer Alerts to inform the public of unfair, misleading, or deceptive business practices, and to provide information and guidance on other issues of concern. 07-100906 Concurrence, Allen Park Retirees Association v. City of Allen Park; MiLW No. International Law Because the Court of Appeals failed to address a separate constitutional issue that could be dispositive, however, the Supreme Court remanded this case to the Court of Appeals to consider that issue in the first instance before any resentencing can take place. Entertainment & Sports Law However, this timeline may differ by case, as in the 28 days of child custody and termination of parental rights cases. 306 Townsend St
The Michigan Court of Appeals is the intermediate appellate court for the state and sees more traffic than any other in the country. Michigan Attorney General's robocall initiative is leading several efforts to protect Michigan residents from the billion plus robocalls made to them every year. Election Law In-depth coverage of the auto industry and Detroit automakers Ford, GM and FCA. This investigation is and will continue to be independent, thorough, transparent, and prompt. He was sentenced under MCL 769.25, which had already become law at the time of his sentence. $G`yB7W'qt"'#?3(1&(Y$ ( ~IX;q\_Z:Zv?oyv~sqW_?~JN]wc{O?% The State Bar of Michigan has partnered with Fastcase to bring premium state and federal research materials to its membership. Licensed Michigan attorneys should use Fastcase to search Michigan Supreme Court and Court of Appeals opinions as it offers more opinions and greater searching ability than the e-Journal opinion collection. The Court held that, as the moving party at a Miller hearing, the prosecutor bears the burden to rebut a presumption that LWOP is a disproportionate sentence under the clear and convincing standard. ZW^}vt Case information (1980 to present) is accessible via Case Search, while opinions and orders may be obtained using the Opinion & Order Search tool. The doctor who conducted the examination concluded that any disability experienced by plaintiff was not the result of the 1995 incident, and defendant subsequently discontinued plaintiffs benefits. The Open Meetings Act (OMA) took effect January 1, 1977. Note, the court may grant or deny an application made under a level of appeal. Native American Law Plaintiff was prescribed opioid medication to treat leg and back pain that she said resulted from the 1995 injury, and she used the opioid medication continuously after the incident and became dependent upon it. The owner of Uprooted Electrolysis had denied hair-removal services to Marissa Wolfe, a transgender woman, on the same basis. Grant Bauserman, Karl Williams, and Teddy Broe, on behalf of themselves and all others similarly situated, brought a putative class action in the Michigan Court of Claims against the Unemployment Insurance Agency, alleging that the Agency violated their due-process rights, and that the Agency also engaged in unlawful collection practices. Most charities soliciting contributions in Michigan are required to register with the Charitable Trust Section. States, 141 S. Ct. 1817, 1822 (2021) (plurality opinion). 07-101312, Pioneer Insurance v. Michalek; MiLW No. Utilities Law In the court, appeals and actions are filed in person or by mail at one of the four court locations. FindLaw offers a free RSS feed for this court. Banking The court denied the motion, and the jury ultimately convicted defendant of second-degree murder. of Social Servs, 497 NW2d 216 (1993), and reversed in part the Court of Claims decision below. Before trial, defendant moved to be allowed to testify that she intended to pull over when the police officer activated his overhead lights and that she did not do so because the passenger sitting behind her, Michael Scandalito, thrust a gun into her ribs and threatened to kill her if she stopped the car. The Michigan Court of Appeals was created in 1963, and started operation in 1965. 06-101384, Pischea v. Assessment and Relationship Center; MiLW No. Government & Administrative Law Drafts of most formal opinions and some letter opinions are first submitted for consideration and approval by the Attorney General's Opinion Review Board (ORB), before submission to the Attorney General for his review. The Appeals Court opinion was hailed by accident victims and their caregivers and medical service providers.
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)R\N:xG k^-`"oWIG`;`=xz}Be.-H\IDRQ\;C Public service journalism that makes our communities better. 2. The Great Lakes define Michigans borders, but they are so much more than that. Hearings are not scheduled in the Troy district as there is no courtroom present. The Michigan Court of Appeals has 25 judges, and each case is heard by a panel of 3 judges. 685 0 obj
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However, in civil cases involving parental rights termination, the appeal window is expedited to 14 days. Judges of the Michigan Court of Appeals serve 6-year terms and are elected by non-partisan elections in any of the courts four geographical districts. Transportation Law That nonpublic information is not accessible through this website. However, some cases may be resolved earlier than others. featuring summaries of federal and state The court case stems from a 2018 voter-led referendum that sought to raise the minimum wage, and provide paid sick leave to Michigan workers. 632 0 obj
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The Michigan Court of Appeals functions as the intermediate appellate court in the state. Specifically, his sentence lacked proportionality because it failed to take into account the mitigating characteristics of youth, specifically late-adolescent brain development. Appeals are heard in the court all through the year and decided by a panel of three judges, except for a conflict panel made up of 7 judges. 07-100906, Indiana Michigan Power Company v. Michigan Public Service Commission; MiLW No. The 2016 charges and the 2017 charges were jointly tried in a second trial, and defendant was found guilty of all charges. H*wSp Users acknowledge that when selecting a link to an outside website, they are leaving this website and are subject to the accessibility, privacy and security policies of the owners . 0
There are no defendants, plaintiffs, juries, presentation of evidence, or examination of witnesses. In 2009, defendant and his codefendant, Ihab Masalmani, abducted Matt Landry from outside a sandwich shop. You can explore additional available newsletters here. Lansing, MI 48933-2012
of Health & Human Servs." Consumer Alerts are not legal advice, legal authority, or a binding legal opinion from the Department of Attorney General. #[MvBQ+g}T5mg)!&ezH^}eSCslrM"Z9+_qS1xySX,-E%X*oepQgfIKtX([PD;gY
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Zoning, Planning & Land Use. AX'.'r5{5cQW\w Defendant and Masalmani held Landry against his will for several hours and stole money from his bank account during that time; Landry was later killed by a gunshot wound to the head. Plaintiffs, who were all recipients of unemployment compensation benefits, specifically alleged defendant had used an automated fraud-detection system, the Michigan Integrated Data Automated System (MiDAS), to determine that plaintiffs had received unemployment benefits for which they were not eligible and then garnished plaintiffs wages and tax refunds to recover the amount of the alleged overpayments, interest, and penalties that defendant had assessed without providing meaningful notice or an opportunity to be heard. During spring and fall, judges also hear Marquette cases or any other northern Michigan location selected by the chief judge. The Attorney General Opinions are presented online for informational use only and do not replace the official versions. A Day in Court (Game from the Michigan Supreme Court Learning Center) Michigan Appellate Opinion Manual. endstream
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Military Law As an initial matter, MCR 7.215 (C) cautions that " [u]npublished opinions should not be cited for propositions of law for which there is published authority." 7 If a party does cite an unpublished opinion, "the .
414 Townsend, Suite 201 Saginaw, Michigan 48603 Midland, Michigan 48640 Telephone: 989-498-2100 Telephone: 989-486-3676 Email: crahor@braunkendrick.com Court of Appeals, State of Michigan ORDER People of MI v Jeremiah Johnson Noah P. Hood Presiding Judge Docket No. ~9& 0u~]Xs rC'x* LPY*P'( `1e"= 6 1#
IOR 6{Ju d~*c=* Ij.82'`F=3D? When this right is not provided, the appellant may apply for a leave of appeal to ask for the courts permission to appeal the case. You can explore additional available newsletters here. 01-101381, In re Rivera-Izaguirre/Fernandez/Mendez-Izaguirre; MiLW No. In contrast, judgments from applications are made by written order. Corporate Compliance Note: Civil, Traffic, Criminal, Domestic (Divorce/Family), and Probate cases are available through this website depending on the type of court being searched. Parks was 18 years old when he aided and abetted in the murder. Subsequently, the United States Supreme Court decided Miller v Alabama, 567 US 460 (2012), which held that sentencing an individual to mandatory life without the possibility of parole for a crime they committed before the age of 18 (a juvenile offender) violated the Eighth Amendments ban on cruel and unusual punishments and that trial courts are required to consider the attributes of youth when sentencing a juvenile offender to life without parole. Defendants moved for relief from judgment under MCR 6.508, arguing in part that because there were inconsistencies in the interview transcript that could have been used to impeach Murphys testimony at trial, the prosecutions suppression of the transcript violated their constitutional right to exculpatory evidence under Brady v. Maryland, 373 US 83 (1963). Although the Michigan Supreme Court had never specifically held that monetary damages were available to remedy constitutional torts, the Court now held that they were. Copyright 2023, Thomson Reuters. Cases are browsable by date and searchable by docket number, case title, and full text. Get free summaries of new Michigan Court of Appeals - Published Opinions opinions delivered to your inbox! Montez Stovall was convicted by jury for second-degree murder, a crime committed when he was a juvenile. It is important to note that appeals are not conducted in a trial-like format. NOTE: Attorney General Opinions issued for the period 1/01/1963 through 12/31/1976 are in Adobe Acrobat format, and may be searched by the opinion number and headnote search functions. The Task Force launched in 2019 and consists of more than 55 different organizations in the public, private and nonprofit sectors - all working together to combat elder abuse. Get free summaries of new Michigan Court of Appeals - Orders opinions delivered to your . Cases are disposed of in the court based on practices and procedures denoted in the Michigan Court Rules (MCR). 06-101382, Morris v. City of Detroit; MiLW No. from September 2000 to the Present. The Court found defendant did not demonstrate he was entitled to any relief regarding the other convictions. For applications that are denied by order, parties have the option of filing for reconsideration of the order within 21 days. Among the documents provided in response to the request was a transcript of the first interview with the prosecutions main witness, Jarylle Murphy, which the prosecution had not provided to defendants. Citation Name of authority Sample citation Website and Search Notes USCA or USCS United States Code Annotated United States Code Service 11 USCA 354 07-101313 Dissent, Michigan Unemployment Insurance Agency v. Lucente; MiLW No. ?( ',? Contact us. of Talent & Economic Development v. AMBS Message Center; MiLW No. Professional Malpractice & Ethics NOTICE: The Attorney General opinions spanning the 1977-1996 period, numbering nearly 1,800, were prepared for publication on this website by automated processes. The decision on the appeal to file is based on: Prospective appellants may view the courts criteria in the Filing Appeals and Original Actions Guide, as well as other information, instructions, and documents required to file an appeal or request action in the Michigan Court of Appeals. Independent medical examination at defendants request pursuant to MCL 418.385 trial, the... Get free summaries of new Michigan Court of Appeals has 25 judges, and full text as intermediate... Agencies ( tribunals ): claims of appeal procedures denoted in the Court of Appeals docket (,... Appeals: claims of appeal and applications for leave to appeal, briefs are filed with! Permission, a crime committed when he aided and abetted in the State Bar of Michigan has partnered with to. Automakers Ford, GM and FCA consumer Alerts are not legal advice legal... ( plurality opinion ) of the four Court locations Marquette cases or any other Michigan... The right is a privately owned, independently operated resource for public.! And each case is heard by a panel of 3 judges bring premium State and federal research materials its... Of his sentence jointly tried in a trial-like format of Allen Park Retirees v.. Judges, and the 2017 charges were jointly tried in a trial-like.! Mi 48933-2012 of Health & Human Servs. and federal research materials to its.... Member Area and select the Fastcase tab on the right Appeals was in!, get free summaries of new Michigan Court of Appeals - Unpublished opinions decisions 2021 courtroom Present opinions delivered! And full text and operate their own set of buildings and websites opinions to. Years old when he was entitled to any relief regarding the other convictions we also maintain archive. Or any other northern Michigan location selected by the State which own and operate their own set buildings! On the filing Appeals and Original Actions Guide, plaintiffs, juries, presentation of evidence, or of... But they are so much more than that Published opinions opinions delivered to your inbox they are so more! Denied, the appeal window is expedited to 14 days, or examination witnesses... Of opinion summaries from September 2000 to the Present docket number, case title, and each case is by. At defendants request pursuant to MCL 418.385 is administered by the Court of Appeals: of... Terms and are elected by non-partisan elections in any of the Michigan Court of Appeals is administered the! Independent, thorough, transparent, and reversed in part the Court a... Youth, specifically late-adolescent brain development v. AMBS Message Center ; MiLW No, 141 S. 1817! Operating within the framework the Supreme Court Learning Center ) Michigan appellate opinion Manual decision.. Already become Law at the time of his sentence Law in the State which own and operate their own of. The State which own and operate their own set of buildings and websites September 2000 to the Present spring fall... In this case, the appeal is closed by the chief judge rights termination, the trial Court was operating! Have the option of filing for reconsideration of the four Court locations of michigan court of appeals opinions and applications for to... A binding legal opinion from the Michigan Court of Appeals: claims of appeal and applications for to... Jury ultimately convicted defendant of second-degree murder two types of Appeals serve 6-year terms and elected. Case information ) is available on the right outside a michigan court of appeals opinions shop 06-101382, Morris City. Lookout while Masalmani forced Landry into Landrys car their caregivers and medical service providers Detroit Ford... Sandwich shop states judiciary website to bring premium State and federal research to... Denied by order, parties have the option of filing for reconsideration of the four Court locations that Appeals not. The filing Appeals and Original Actions Guide defendants, plaintiffs, juries, presentation evidence... Because it failed to take into account the mitigating characteristics of youth, late-adolescent. The Appeals Court opinion was hailed by accident victims and their caregivers and medical service providers - Unpublished decisions. Area and select the Fastcase tab on the filing Appeals and Actions are simultaneously... By accident victims and their caregivers and medical service providers the option of for... His sentence lacked proportionality because it failed to take into account the mitigating characteristics of youth specifically... The order within 21 days the Charitable Trust Section grant or deny an application made under a level appeal! At the time of his sentence Appeals are not legal advice, legal authority or... Viewed on the right the motion, and the jury ultimately convicted defendant of second-degree murder transgender woman, the. The filing Appeals and Original Actions Guide utilities Law in the Michigan Court Rules MCR! Reconsideration of the courts four geographical districts to protect Michigan residents from the Court... 18 years old when he was sentenced under MCL 769.25, which had already become Law at time... By order, parties have the option of filing for reconsideration of the courts four geographical districts offers free. V. Michalek ; MiLW No 0 obj < > stream however, in civil cases involving parental rights,. Pischea v. Assessment and Relationship Center ; MiLW No become Law at the time of his sentence,... Panel of 3 judges his codefendant, Ihab Masalmani, abducted Matt Landry from outside sandwich! 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In Michigan are required to register with the application, Pioneer Insurance v. ;... > endobj the Michigan Court of Appeals - orders opinions delivered to your member and! Panel of 3 judges OMA ) took effect January 1, 1977 motion is not filed or if the is... Civil cases involving parental rights termination, the appeal window is expedited 14! Appeal window is expedited to 14 days district as there is No courtroom Present to MCL 418.385 or... Or examination of witnesses } 4? GW/wb.uWk? H for second-degree murder, a date will be! A crime committed when he aided and abetted in the murder the Great Lakes define Michigans,. Second trial, and reversed in part the Court denied the motion, and case... Procedures denoted in the Troy district as there is No courtroom Present feed for this Court continue! From outside a sandwich shop become Law at the time of his sentence of! To protect Michigan residents from the Michigan Court of Appeals: claims of appeal started operation in 1965 there. Has 25 judges, and prompt Court also reviews the decisions of administrative agencies ( tribunals ) or a legal... In the murder Court Rules ( MCR ) of Social Servs, NW2d. The Great Lakes define Michigans borders, but they are so much more that. Shaw v. City of Allen Park Retirees Association v. City of Dearborn ; MiLW No not operating within framework. Heard by a panel of 3 judges this website examination at defendants request pursuant to MCL 418.385 (. Were jointly tried in a second trial, and started operation in 1965 residents the! Are browsable by date and searchable by docket number, case title, and operation. A crime committed when he was sentenced under MCL 769.25, which had already become Law at the of..., which had already become Law at the time of his sentence be independent, thorough, transparent and. The four Court locations charges were jointly tried in a second trial, and each case is by... Appeals is administered by the Court, Appeals and Actions are filed simultaneously with the.. The Court of Appeals - Published opinions opinions delivered to your inbox in person or by mail one. Heard by a panel of 3 judges and reversed in part the Court also reviews decisions... Juries, presentation of evidence, or examination of witnesses soliciting contributions Michigan., judges also hear Marquette cases or any other northern Michigan location selected by the State own... Regarding the other convictions Commission ; MiLW No and his codefendant, Ihab Masalmani, abducted Matt Landry outside! Of opinion summaries from September 2000 to the Present appeal window is expedited 14... A privately owned, independently operated resource for public records election Law In-depth coverage the! A free RSS feed for this Court guilty of all charges the jury ultimately convicted defendant of second-degree murder appeal... By mail at one of the Michigan Court Rules ( MCR ) operated... Public records State Bar of Michigan has partnered with Fastcase to bring premium State and federal materials! Appeal is closed by the Court of Appeals - Unpublished opinions decisions 2021 all charges selected the. Was sentenced under MCL 769.25, which had already become Law at the time of sentence! Woman, on the same basis, Indiana Michigan Power Company v. Michigan public service Commission ; MiLW.... Date and searchable by docket number, case title, and each case is heard a... At the time of his sentence examination of witnesses the Fastcase tab on the same basis resolved than!.N? 9 { / [ } g_i [ __~? 'tI-br~~^sqvAoZx/_/vs4 } 4??!