Order Michigan Supreme Court
Lansing, Michigan
July 15, 2011 Robert P. Young, Jr.,
Chief Justice
143091 & (106) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellant, Brian K. Zahra,
Justices
v SC: 143091
COA: 295825
Calhoun CC: 2004-003072-FH
RONALD LEE JEX,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the April 28, 2011 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 that part of the Court of Appeals judgment holding that the defendant asserted
a claim of jurisdictional defect for which he need not demonstrate cause or prejudice.
Where the defendant pleaded no contest to home invasion, and agreed as part of the
factual basis for his plea that he entered the dwelling without permission, his current
claim that he was a co-lessee of the premises and that he did not need permission to enter
the dwelling does not establish a potential jurisdictional defect. The defendant’s newly
asserted defense could only negate one element of the crime; it would not implicate the
very authority of the state to charge him or bring him to trial. People v New, 427 Mich
482, 491 (1986). Although the Court of Appeals correctly held that a defendant’s claim
that his plea was not supported by an adequate factual basis is not waived by a no contest
plea, People v Mitchell, 431 Mich 744, 749-750 (1988), in this instance the defendant
provided an adequate factual basis for his plea at the time he pleaded no contest. He
therefore has the burden to establish both good cause for his failure to raise his grounds
for relief on appeal, and actual prejudice. MCR 6.508(D)(3)(a), (b). We REMAND this
case to the Court of Appeals for it to determine whether the defendant has satisfied that
burden.
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.
July 15, 2011 _________________________________________
d0712 Clerk