On June 21st, 2019, the U.S. Supreme Court released its unanimous opinion in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, No. 18-457, 586 U.S. ___ (2019), holding that the presence of in-state beneficiaries alone did not...
Month: July 2019
U.S. Supreme Court Upholds Warrantless Blood Draw From Unconscious Motorist After DUI Stop
by Kershaw, Vititoe & Jedinak, PLC | Jul 12, 2019 | DUI Offenses
On June 27th, 2019, the U.S. Supreme Court released its opinion in Mitchell v. Wisconsin, ___ U.S. ___ (2019) holding in a very close 5-4 decision that the police officer's warrantless seizure of a blood draw from an unconscious drunk driving suspect did not violate...
President Trump Signs Taxpayers First Act Of 2019 Into Law For IRS Reform
by Kershaw, Vititoe & Jedinak, PLC | Jul 11, 2019 | Federal Taxation
On July 1st, 2019, President Trump signed the Taxpayer First Act into law with the purpose of requiring the Internal Revenue Service to make comprehensive reforms to its customer service practices, electronic data security and appeals processes. Overall, these new...
Michigan Supreme Court Holds Respondents Can Appeal Issues From All Stages of Child Protective Proceeding After Termination Of Parental Rights
by Kershaw, Vititoe & Jedinak, PLC | Jul 9, 2019 | Child Protective Proceedings
On June 12, 2019, the Michigan Supreme Court released its opinion in In re Ferranti Minor, ___ Mich ___ (2019)(Docket No. 157907) holding that a respondent-parent can raise issues on appeal from the adjudicative phase of a child protective proceeding even after...
U.S. Supreme Court Holds Federal Judiciary Cannot Pass Judgment On Partisan Gerrymandering
by Kershaw, Vititoe & Jedinak, PLC | Jul 8, 2019 | Election Law
On June 27th, 2019, the U.S. Supreme Court released its opinion in Rucho et al. v. Common Cause et. al., ___ U.S. ___ (2019) holding that the federal courts do not have the power to set a constitutional standard for partisan gerrymandering claims. In a sharply divided...
What Are The Inheritance Rights Of The Second Spouse If The Will Left Everything To The First Spouse?
by Kershaw, Vititoe & Jedinak, PLC | Jul 5, 2019 | Wills, Trusts And Estates
Picture this scenario that could come up in estate administration. A testator creates a last will and testament that leaves his entire estate to his first wife. Many years later, the testator divorces the first wife and subsequently marries his second wife. The...
What Are The Penalties For Reckless Discharge Of A Firearm In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 4, 2019 | Firearm Offenses
The Fourth of July holiday is often celebrated by barbeques, bottle rockets and fireworks across the United States. Unfortunately, it is also celebrated by gunfire as people with handguns shoot bullets into the air. Gunowners forget that the basic principles of...
What Are The Penalties For Leaving The Scene Of An Accident In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 3, 2019 | Traffic Offenses
Driving is a privilege in the State of Michigan that requires satisfying certain responsibilities. For example, all drivers who are involved in a traffic collision must fulfill specific obligations before they can leave the scene. Failure to comply with these...
What Are The Penalties For Possessing, Manufacturing, Distributing and Using Methamphetamine In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 2, 2019 | Controlled Substance Offenses
Methamphetamine is a very potent stimulant drug that is well known for its euphoric effects. Unlike most controlled substances, methamphetamine is easy to produce and can be made with common ingredients sold in department stores. In fact, it can be produced at a spare...
What Are The Requirements To File A Defamation Suit In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Jul 1, 2019 | Civil Litigation
Telling lies about someone is certain to cause hurt feelings at a minimum. Sometimes, disseminating a false statement can cause the subject to suffer reputation damage that leads to economic loss. This can create the basis for a lawsuit for defamation, whether it was...
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