825 N.W.2d 56
Mich.2013Background
- This is a Michigan Supreme Court order addressing jurisdiction in a felony case involving a minor.
- The Court of Appeals judgment was reversed and remanded for consideration of an ineffective assistance of counsel claim.
- The issue centers on whether the circuit court had subject matter jurisdiction over a felony charged to a minor.
- The opinion distinguishes subject matter jurisdiction from personal jurisdiction, framing age as a defendant-specific fact.
- The court relies on Lown to emphasize that subject matter jurisdiction is abstract power, not dependent on the facts of the case.
- By pleading guilty in the circuit court and not contesting jurisdiction, the defendant is deemed to have implicitly consented to personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the circuit court have subject matter jurisdiction over a felony charged to a minor? | Kiyoshik contends lack of subject matter jurisdiction. | Age affects personal jurisdiction, not subject matter jurisdiction. | Circuit court has subject matter jurisdiction. |
| Does pleading guilty imply consent to the circuit court's personal jurisdiction over the defendant? | Consent not implicated by plea; jurisdiction contested. | Guilty plea implies consent to personal jurisdiction. | By pleading guilty and not challenging jurisdiction, defendant implicitly consented to personal jurisdiction. |
Key Cases Cited
- People v. Lown, 488 Mich. 242 (2011) (subject matter jurisdiction; juvenile transfers and general jurisdiction discussed)
- People v. Veling, 443 Mich. 23 (1993) (juvenile transfer and personal jurisdiction authority)
- Twyman v. State, 459 N.E.2d 705 (1984) (age as a restriction on personal jurisdiction)
- State v. Emery, 636 N.W.2d 116 (Iowa 2001) (transfer effects on personal jurisdiction consideration)
- Sawyers v. State, 814 S.W.2d 725 (Tenn. 1991) (transfer and jurisdiction-related consequences)
- State v. Kelley, 537 A.2d 483 (Conn. 1988) (transfer from juvenile to criminal docket; jurisdiction implications)