Legal Opinion

Cain v Department of Corrections

Michigan Supreme Court

Decided May 21, 1996No. Docket Nos. 101628, 101736, Calendar No. 8PublishedCited by 100 opinions

1Opinion of the CourtMallett, J.

In this factually intricate case, we are asked, in an interlocutory appeal, to decide whether the judgment of the Court of Appeals, calling for the disqualification of a circuit court judge, is proper. Ingham Circuit Judge James R. Giddings1 denied the Department of Corrections’ motion to disqualify himself. Chief Circuit Judge Peter D. Houk also denied the disqualification motion. The department appealed in the Court of Appeals. The Court of Appeals panel (Griffin, P.J., and D. E. Holbrook, Jr., and Weaver, JJ.), ordered that Judge Giddings be disqualified and therefore reversed the findings…

2Cases cited19 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. Tumey v. OhioSupreme Court of the United States · 1927
  3. Withrow v. LarkinSupreme Court of the United States · 1975
  4. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  5. Mayberry v. PennsylvaniaSupreme Court of the United States · 1971

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3Cited by100 opinions

  1. Meagher v. Wayne State UniversityMichigan Court of Appeals · 1997
  2. Heather Lynn Hannay v. Department of TransportationMichigan Supreme Court · 2014
  3. Armstrong v. Ypsilanti Charter TownshipMichigan Court of Appeals · 2002
  4. Adair v. State, Dept. of Educ.Michigan Supreme Court · 2006
  5. FMB-First Michigan Bank v. BaileyMichigan Court of Appeals · 1998

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