321 Mich. App. 398 - Redd v. Carney (In re Redd)’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A probate court's finding is clearly erroneous when a reviewing court is left with a definite and firm conviction that a mistake has been made, even if there is evidence to support the finding.”

   2 later decisions quote this exact passage
   e.g. 325 Mich. App. 374 - People v. Portus (In Re Portus) · 324 Mich. App. 494 - in Re guardianship/conservatorship of Harold William Gerstler

2. “(2) In appointing a guardian under this section, the court shall appoint a person, if suitable and willing to serve, in the following order of priority: (a) A person previously appointed, qualified, and serving in good standing as guardian for the legally incapacitated individual in another state. (b) A person the individual subject to the petition chooses to serve as guardian. (c) A person nominated as guardian in a durable power of attorney or other writing by the individual subject to the petition. (d) A person named by the individual as a patient advocate or attorney in fact in a durable power of attorney. (3) If there is no person chosen, nominated, or named under subsection (2), or if none of the persons listed in subsection (2) are suitable or willing to serve, the court may appoint as a guardian an individual who is related to the individual who is the subject of the petition in the following order of preference: (a) The legally incapacitated individual's spouse. This subdivision shall be considered to include a person nominated by will or other writing signed by a deceased spouse. (b) An adult child of the legally incapacitated individual . (c) A parent of the legally incapacitated individual. This subdivision shall be considered to include a person nominated by will or other writing signed by a deceased parent. (d) A relative of the legally incapacitated individual with whom the individual has resided for more than 6 months before the filing of the petition. (e) A p”

   1 later decision quote this exact passage
   e.g. 324 Mich. App. 494 - in Re guardianship/conservatorship of Harold William Gerstler

3. “When a statute fails to state the standard that probate courts are to use to establish a particular fact, the default standard in civil cases-preponderance of the evidence-applies.”

   1 later decision quote this exact passage
   e.g. 325 Mich. App. 374 - People v. Portus (In Re Portus)