People of Michigan v. Michael Dennis Reid
This text of People of Michigan v. Michael Dennis Reid (People of Michigan v. Michael Dennis Reid) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order Michigan Supreme Court Lansing, Michigan
October 27, 2010 Marilyn Kelly, Chief Justice
141597 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis, Plaintiff-Appellant, Justices
v SC: 141597 COA: 286784 Wayne CC: 07-020203 MICHAEL DENNIS REID, Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 10, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals decision that the circuit court did not have jurisdiction to try the defendant’s misdemeanor charge once the felony charge was dismissed on the day of trial. The circuit court was vested with jurisdiction over the misdemeanor charge because the defendant was charged with a felony and a misdemeanor that arose out of the same criminal transaction. Once jurisdiction has properly attached, any doubt is resolved in favor of retaining jurisdiction. People v Veling, 443 Mich 23, 32 (1993). Moreover, “any legislative intent to divest jurisdiction once it has properly attached must be clearly and unambiguously stated.” Id. at 32 n 13, citing Leo v Atlas Industries, Inc, 370 Mich 400, 402 (1963). Although MCL 600.8311(a) provides that the district court shall have jurisdiction over misdemeanors punishable by not more than one year in jail, it does not expressly divest the circuit court of jurisdiction in the circumstances of this case. We REMAND this case to the Court of Appeals for consideration of the defendant’s additional issues.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 27, 2010 _________________________________________ 1020 Clerk
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