Tag: constitutional rights
Law Offices of Carson J. Tucker and Lex Fori, PLLC File Michigan Appeals Briefs Under Administrative Order 2019-6
We have been preparing, formatting and filing our briefs in the Court of Appeals and Supreme Court under Administrative Order 2019-6, which allows us to use all the readability and formatting tools of Adobe to create fully interactive and e-friendly briefs. As a former Supreme Court law clerk and an insurance coverage counsel, Mr. Tucker understands the convenience of having a fully interactive document with all file contents and citations referenced and linked for quick review.
The ideal briefs and appendices (which we strive to create) will contain fully interactive table of contents and bookmarks, links to cases, links to the direct location (page and line) in the Appendix and/or accompanying attachments and indices and tables of contents that are fully interactive – meaning the reader can toggle back and forth to the references and have immediate confirmation and documentary support for our arguments and factual assertions, respectively. We can also use a larger, eye-friendly font, which is critical for those who must read brief after brief, day in and day out!
Here’s one we filed in the Court of Appeals last month (January 2020) in a constitutional and property law case in the Michigan Court of Appeals. Mitchell.Brief.on.Appeal.01.17.2020
Supreme Court Asked to Consider Court of Appeals’ Decision to Keep Anonymous Bloggers Identities Secret in Defamation Suit
In Ghanam v. John Does et al. the Michigan Court of Appeals reversed a trial court’s decision to allow the deposition of a fact witness in a defamation suit filed against ostensibly anonymous commentators on an internet-based public forum.
Last week, I filed an application for leave to appeal in the Michigan Supreme Court in this case on February 13, 2014, working with co-counsel for the Plaintiff. 99784 sc application and attachments date stamped copy
I wrote about this issue of law in a previous post, here:Court of Appeals Addresses Anonymous Internet Blogger’s Rights to Remain Anonymous
In that case, the decision of the Court of Appeals was not appealed to the Supreme Court.
Feel free to call Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP at (248) 283-0763 if you have any questions about any of these cases. Mr. Tucker regularly participates in cases before the Supreme Court and Court of Appeals on issues touching many subject-matter areas of civil litigation, including insurance coverage disputes such as that at issue in the instant case.
Throughout its storied history, Lacey & Jones has distinguished itself from other law firms by maintaining a robust Appeals and Legal Research Group. Effective appellate representation demands different skills than those required by litigation attorneys. Our appellate attorneys are adept at analyzing the intricacies of each case from an objective and critical perspective. From reviewing and preparing the lower court record, identifying appealable errors, and developing a strategy to raise issues that will be addressed by appellate courts, our seasoned appellate team is capable of handling the most complex appeals from the application stage to oral advocacy before the highest courts. Our research abilities and knowledge of current issues in nearly all major subject-matter areas of the law provide our clients with efficient and immediate assistance with complex and high-exposure cases. We are experienced at navigating through the Michigan Court of Appeals and Supreme Court to shepherd the appeal in the most expeditious fashion possible so that it can be reviewed and quickly ruled upon. During the last three decades alone, the Appeals and Legal Research Group at Lacey & Jones has been responsible for over 150 published decisions in the Michigan Court of Appeals and Supreme Court, including seminal decisions in workers’ compensation, governmental immunity, employment and labor law, civil rights law and insurance coverage. Because of its specialized knowledge and focus on appellate law and its recognized expertise, the Appeals and Legal Research Group at Lacey & Jones has been asked to participate as amicus curiae writing briefs for the Supreme Court or as special counsel to the Michigan Attorney General and other governmental entities in some of the most significant cases in the Court of Appeals and Supreme Court. Below are some of the recent significant cases in which Lacey & Jones, LLP’s Appeals and Legal Research Group has participated.
- State Farm v. MMRMA, ___ Mich App ___ (2013), amicus curiae for Oakland County in support of MMRMA application, by Carson J. Tucker
- Hannay v MDOT, ___ Mich ___ 201_), application granted, amicus curiae to be filed for MTA, et al., by Carson J. Tucker
- Yono v. MDOT, ___ Mich ___ (201_), oral argument on application granted, amicus curiae for Oakland, Macomb and Wayne County filed by Carson J. Tucker in support of the state’s application
- Huddleston v. Trinity Health, et al., ___ Mich ___ (201_), oral argument on application granted, amicus curiae with Lawrence Garcia, Esq., for MDTC
- Ashley, LLC v Pittsfield Twp., 494 Mich 875 (2013), application granted, for Pittsfield Township by Carson J. Tucker (resolved by settlement)
- Bailey v. Schaaf, ___ Mich ___ (2013), amicus curiae for MDTC by Carson J. Tucker
- Atkins v. SMART, 492 Mich 707 (2012), oral argument on application, Court of Appeals case reversed by opinion, Carson J. Tucker
- Hagerty v Manistee, 493 Mich 933 (2013), amicus curiae for Michigan Municipal League, et al., by Carson J. Tucker
- McMurtrie v Eaton Corp, 490 Mich 976 (2011)
- Findley v DaimlerChrysler Corp., 490 Mich 928 (2011)
- Brewer v. AD.Transport Express, Inc, 486 Mich 50 (2010)
- Stokes v Chrysler, 481 Mich 266 (2008)
- Brackett v Focus Hope, Inc, 482 Mich 269 (2008)
- Rakestraw v Gen Dynamics, 469 Mich 220 (2003)
- Sington v Chrysler Corp., (2002)
Other appeal cases Carson Tucker has handled include
- Hamed v. Wayne County, et al., 490 Mich. 1 (2011), reversing Court of Appeals published opinion after being briefed and argued by Carson J. Tucker on behalf of Wayne County
- Odom v. Wayne County, et al., 482 Mich. 459 (2008), reversing Court of Appeals after being briefed and argued by Carson J. Tucker on behalf of Wayne County and Wayne County Sheriff and Deputies
- Michigan Department of Transportation v Employers Mutual Casualty Co, et al., 481Mich. 862 (2008), reversing Court of Appeals after being briefed and argued on application by Carson J. Tucker for Trucking Company and Insurer
- Nuculovic v. Hill and SMART, 287 Mich. App. 58 (2010), briefed by Carson J. Tucker for SMART
- Molnar v. Amy Allen, Oakland County Care House, et al, 359 Fed. Appx. 623 (6th Cir. 2009), affirming district court’s judgment in favor of client represented by Carson J. Tucker
- Molnar v. Amy Allen, Oakland County Care House, et al., Case No. 09-1536 (2009), successful defense of application to United States Supreme Court by Carson J. Tucker
- Wetherill v. McHugh, et al., Case No. 10-638 (2011), co-draft response on behalf of South Dakota National Guard to petition for appeal to United States Supreme Court, cert denied by Supreme Court.
I updated this post with some important legal authority.
I have written in the past about unconstitutional usurpation of Constitutional Sheriffs’ arrest powers. I have also mentioned that whimsical and hastily made decisions that attempt to eradicate by sweeping measures time-honored common-law rules and principles are a threat to the respective states’ sovereignty.
As I have also mentioned, if the citizenry of a state allows its Executive or Legislative branches to disenfranchise it and remove its choice to elect its own chief law enforcement officer in the respective counties or parishes as the case may be, then not much can be done but to educate that citizenry about the folly of its ignorance in this regard. It is, ultimately, although I would contend only, through a state’s constitution that a citizenry can make choices ultimately surrendering their sovereign right to govern themselves. This is of the very essence of the privilege of our liberty and the responsibility of our…
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Amicus Curious 