Order Michigan Supreme Court
Lansing, Michigan
January 27, 2012 Robert P. Young, Jr.,
Chief Justice
143469 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 143469
COA: 295552
CHRISTOPHER BLAYNE KIYOSHK, Kalamazoo CC: 06-001463-FJ
Defendant-Appellee.
____________________________________/
On order of the Court, the application for leave to appeal the June 2, 2011
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether the defendant waived family court
jurisdiction by pleading guilty to a specified juvenile violation under MCL 712A.2(a)(1).
The parties may file supplemental briefs within 42 days of the date of this order, but they
should not submit mere restatements of their application papers.
MARILYN KELLY, J.
I would explicitly direct the parties to brief the issue of whether the alleged
jurisdictional defect in this matter involves a question of subject-matter jurisdiction or
personal jurisdiction. Whether it is even possible for a defendant to waive family court
jurisdiction depends on how this question is answered. Hence, we cannot reach the issue
specified in today’s order—whether the defendant in this case did in fact waive family
court jurisdiction—until this threshold question is answered.
Unfortunately, today’s order appears to simply presume that defendant could have
waived family court jurisdiction. Because I would not make such a presumption, I would
direct the parties to brief this issue.
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.
January 27, 2012 _________________________________________
h0124 Clerk