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