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Tag: Alton Davis
By Kevin Rex Heine, Section News
On November 2, 2010, the voters of Michigan elected Judge Mary Beth Kelly to the state's highest court. Combined with the re-election of Justice Robert Young, they turned out Justice Alton Davis and restored a rule-of-law majority to that bench. That's a good thing. Unfortunately, that proper refereeing mentality didn't actually exist on SCOMI until noon on New Year's Day . . . when Justice-elect Kelly was sworn in.
This meant that, for the two months between Election Day and Inauguration Day, a rule-of-empathy majority still existed on Michigan's State Supreme Court. And just like the legislature, the high priesthood of creative interpretation held a lame-duck session, in which they've managed to come up with a way to screw us all.
(6 comments, 1696 words in story) Full Story
By The Wizard of Laws, Section News
Cross-posted in The Wizard of Laws.
This year's Michigan Supreme Court election will spotlight the "Rule of Law" issue. Voters will be asked to decide between Justice Robert Young and Judge Mary Beth Kelly (the Rule of Law judges) and Justice Alton Davis and Judge Denise Langford Morris (the "empathy" judges).
Simply described, RoL judges interpret the constitution, laws, and contracts by the plain meaning of the words used by their authors. Empathy judges, in contrast, interpret the same words in order to reach a desired result.
Here's a perfect example -- Elizabeth Weaver's parting gift to Michigan jurisprudence. The case is Shay v Aldrich, decided August 23, 2010. In short, the plaintiff sued five defendants, alleging that they had assaulted him. Partway through the case, the plaintiff settled with two of the defendants and signed two separate releases, each releasing a defendant "together with all other persons, firms and corporations, from any and all claims, demands and actions which I have now or may have arising out of any and all damages, expenses, and any loss or damage resulting from an incident occurring on September 8, 2004."
After the plaintiff signed these releases, the other defendants moved to dismiss the remaining claims, arguing that the plaintiff had waived them. The trial court denied the motion, but the Court of Appeals reversed. finding the releases unambiguous. The Michigan Supreme Court then granted leave to appeal and reinstated the claims against the remaining defendants, finding in a 4-3 opinion by Weaver that the plaintiff did not intend -- despite the clear language of the releases -- to waive any claims against the remaining defendants. The Weaver opinion equated "broad" with "vague" and permits the parties to use extrinsic evidence to introduce ambiguities into a contract, thus necessitating "interpretation" where there previously was none.
(3 comments, 974 words in story) Full Story
Received the affidavit.
Contrary to the published version of Mr Davis' filing HERE, it seems he accepted a nomination by the Michigan Democrat party. While writing this, the copy of the Democrat nominations arrived for verification. He was indeed officially nominated by the Democrat party. There can be no challenge to his ability to run.
However, he does not meet the incumbency rule in the state constitution as he should not file as incumbent because of his short term less than 180 days.
The thing that drew my attention to this originally, is how it is strange that Denise Langford, is SHOWN as the only NOMINATED SC candidate by Democrats on the candidate roster for the state.
The constitution on this issue has an interesting sidebar by the way.
(379 words in story) Full Story
There is this thing called the rule of law. And whether it is a small font designation as we have discussed recently, or something so major as an ability to be seated on the supreme court, we must try to follow as best we can. When we KNOW the law, it shall be our guide. And when we do not, and find it by coincidence of our situation, we ought to consider a way to rectify our mistakes and mitigate the effect.
Shall I be the first to cast stones?
Not in the classic sense. God has made me but one man among many. Many men who have differing opinions, but come together at points to agree on how best we serve each other in fairness and recognizing the natural born rights we all share. Part of those agreements make up the law to be followed by all the citizens. I must atone personally for my own mistakes, and must also follow rules previously established, else I pay a price in some manner.
I make no claim to be technically or morally superior. But I will announce when I see something that is wrong. Especially when there still is time for it to be fixed.
(2 comments, 814 words in story) Full Story
Really.. Can he?
Unless.. he had ALREADY filed the affidavit prior to his commission by governor Granholm? From the Michigan Constitution:
§ 2 Justices of the supreme court; number, term, nomination, election.
It is 121 Days till the end of his term... His appointment to fill the remaining term was 6 days ago..
Am I reading this wrong?
(11 comments) Comments >>
By The Wizard of Laws, Section News
Cross-Posted in The Wizard of Laws
The fake Tea Party has filed an application for leave to appeal with the Michigan Supreme Court, asking that court to overturn the Michigan Court of Appeals, a panel of which voted unanimously that the FTP should not be on the November ballot. With the much publicized departure of E. Weaver and the elevation of Alton Davis, this will be the first rule-of-law test for the newly constituted Supreme Court.
(21 comments, 772 words in story) Full Story
The Fake Tea creation of the Michigan Democrats are hoping to take advantage of retired justice Weaver's slight to the Republicans, and perhaps citizens of Michigan. The lawyer for "The Tea Party" Michael Hodge, has filed to the Michigan supreme Court, requesting it reviews the Appeals court decision.
There is now a 4-3 construction of the Michigan Supreme court that favors Democrat "interpretation activism" versus the 3-1-3 balance between Proper refereeing-"Who Knows anymore"-Interpretation activism. MLive reports:
"The Tea Party" filed an emergency appeal Tuesday, according to a Supreme Court spokeswoman. Attorney John Pirich, who represents the GOP and tea partiers, said he'll decide what steps to take once he reviews the appeal.
Heck.. I guess it doesn't matter that there were candidates who were not eligible, filed improperly, didn't know they were running, etc..
We'll see if the Supreme court has been seriously compromised by this change. We'll see if the 4 Justice majority of activists serve their masters well. And we will see how hard we will have to work to defeat the newly designated incumbent leftist justice Alton Davis, come November.
(6 comments) Comments >>
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