How to Find Out What Happened in a Case After Remand

**darlingm** · 05-03-2012, 05:40 PM

My question involves court procedures for the state of: Michigan

I'm looking for information about a case. I often find myself in this situation, so would also like to know how I can find such information by myself in the future.

I have a dispute with the State of Michigan Treasury Department, and found a Supreme Court of Michigan ("MSC") case that is completely on point and supports my position. (As a side note, I'm aware of subsequent legislative changes to use tax law, but those don't affect my case.) I found the decision at http://caselaw.findlaw.com/mi-suprem...t/1275590.html -- It's People v. Rodriguez, Docket 115939, December 27, 2000. (As another side note, I went the safe way. I paid use tax that I disputed I owe, and am asking for it back - I'm not being prosecuted for tax evasion.)

The MSC reversed the Court of Appeals and circuit court judgments (which is good for me), and the case was remanded to the circuit court for a new trial.

I want to know what happened with the case after that. Although the MSC knocked down most of the State's legal standing, I want to know if the case was dropped by the attorney general's office, or whether a new case was litigated -- and if so, how it wound up.

I found http://coa.courts.mi.gov/resources/a...0&inqtype=sdoc -- which is the docket from the court of appeals standpoint. That let me know the case came from Lenawee County Circuit Court, but I don't think that helps me a lot.

Is there a better way to track this down than calling Lenawee County Circuit Court tomorrow? (I'd probably have to go there, but luckily they're only 80min away.)

I've used pacer before, and I don't believe they track anything at the state circuit court level. I'm guessing Lexis might have a product that would do this, but I'm looking for a low-cost service. I don't mind paying a few dollars, but Lexis' products are out of budget for me.

QUESTION 1 - Is there a way I can track this down online myself?

QUESTION 2 - If not, is there a way someone can (easily) use a service they subscribe to, to let me know what happened?

QUESTION 3 - As a related question, when I see a reference to another case like: "People v. Burgenmeyer, 461 Mich. 431, 436, n. 10, 606 N.W.2d 645 (2000)", I usually copy that into google, and if I come up empty, would start looking just for "People v. Burgenmeyer". I know those numbers & letters are useful and could lead me right to the case and/or decision -- is there a better way I can use them (for free/low-cost) than google?

**Conrad Hunter** · 05-04-2012, 08:27 PM

You could try LexisOne, which is free. You probably need to get to a law library and sheperdize the cases.

Another approach is to email or call up the lawyers/law firms and ask them what happened.

Probably some sort of confidential settlement.

Cases are appealed and remanded. Then one never hears another word. Likely because nobody wanted to go through another trial and they settled. Or perhaps there was a new trial and with no new appeals, etc. Many times a private party will just run out of money or give up for another reason.

To really know one would have to take the case numbers and look the cases up at the county clerks office. Here one can see the dockets online and get a good idea what happened, though it takes a trip to the clerk's office to pull the file and to actually read the documents in the file.

I had oral arguments today before a FL Court of Appeals. When announced there were 5 cases to be argued.
Once the final notice came out, there were only 3 cases. I was the second. I am sure those other two cases came to some sort of a settlement.

**aardvarc** · 05-04-2012, 10:07 PM

Hey Conrad, just out of curiosity, did you happen to hear any of the Gov. Scott et al v George Williams et al (that's one of the cases where state employees are suing for the unilateral taking of 3% of salary for state workers)? I understand the judge had some VERY choice words before declining to hear it at the appellate level and sending it right to the FL SC.

Just wanted to know if there were as many fireworks in the courtroom as witnesses have indicated.

**Conrad Hunter** · 05-05-2012, 01:32 PM

Not a public employee so really don't care about this issue personally. Have some legal interest of course. The 3% isn't much, but that misses the point that the state wants to unilaterally change a contract agreed to in collective bargaining. The state argues it is not an unconstitutional taking, etc.

It is a big issue and involves constitutional issues so it makes perfect sense to send it to the Supreme Court.
Oral arguments are streamed live but I don't know if they are recorded where one can watch them later.

Basicly everyone has the right to one appeal, but in a matter of statewide importance and under other circumstances an appeals court can certify the question to the Florida Supreme Court. That is what they did and defered making any decision on it. It is always possible for the Supreme Court to refuse the certified question, but that is not likely in this case as it is so political and affects so many people.

I think the same thing happened in Wisconsin and the Wisconsin Supreme Court refused to accept it. Sometimes they want to stall or they actually want the guidance or cover of the lower court. This is such a politically charged issue I can imagine the arguments would get a bit heated. In Wisconsin the justices of the Supreme Court are elected, so they have a whole bunch of considerations politically and legally.

Some courts you get to make an argument and then the judges ask questions. Here they give you maybe 30 seconds to talk and then start asking questions. So they are taking up a good bit of the 10 minutes that you get. I think they must have a timer on the bench as they announce time is up. In my oral Friday a.m. before a Florida DCA the three judges asked questions one after another and really peppered the attorney for the newspaper editor. They know their stuff and I think they work out who asks what questions in advance. It was very organized. Any presentation the attorney has in mind is out the window. I had spent a whole day really illustrating my points better than I could do in the brief and it was all a waste of time. One piece of advice is to really know the case law on both sides, because the judges certainly do.