365532
Mich. Ct. App.Sep 26, 2024Background
- Laquan Shawnell Gordon, Jr. was charged with 83 criminal offenses committed in July-September 2020 at age 17.
- Original charges were filed in the criminal division of Berrien Circuit Court.
- After Michigan's "Raise the Age" law (effective Oct. 1, 2021) changed jurisdiction for minors under 18, Gordon's cases were transferred to the family division as he was under 18 at the time of offense.
- Further amendments (2021 PA 118) clarified the law, leading the prosecution to voluntarily dismiss the charges in family division and refile them in the criminal division.
- Gordon objected to criminal division jurisdiction, arguing he should be tried as a juvenile; the trial court upheld jurisdiction in the criminal division, and Gordon appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction: Criminal vs. Family Division | Criminal division had proper jurisdiction per clarified statutes | Family division should retain jurisdiction under "Raise the Age" | Criminal division properly had jurisdiction |
| Prosecutor’s Dismissal and Refiling | Dismissal and refiling was valid, within prosecution’s power | Ex parte dismissal invalidated subsequent criminal proceedings | Dismissal and refiling were proper, proceedings valid |
| Separation of Powers/Legislative Interference | PA 118 did not interfere with final court orders | PA 118 infringes judiciary's power by interfering with final order | Legislation proper, order not final, no separation violation |
| Equal Protection/Due Process | Statute rational and constitutional | PA 118 treats similarly situated youth unequally | Statute valid on its face and as applied; no violation |
Key Cases Cited
- People v. Calloway, 500 Mich 180 (plain language interpretation of statute controls legislative intent)
- Detroit v. Walker, 445 Mich 682 (legislative amendments can apply retroactively to clarify statutes)
- Shavers v. Attorney General, 402 Mich 554 (rational-basis review for equal protection challenges)
- Holmes v. Holmes, 281 Mich App 575 (party cannot take contrary positions on appeal)