People v. Jones

                                                                       Michigan Supreme Court
                                                                       Lansing, Michigan 48909
____________________________________________________________________________________________
                                                                  Chie f Justice                   Justices
                                                                  Maura D. Corrigan                Michael F. Cavanagh




Opinion
                                                                                                   Elizabeth A. Weaver
                                                                                                   Marilyn Kelly
                                                                                                   Clifford W. Taylor
                                                                                                   Robert P. Young, Jr.
                                                                                                   Stephen J. Markman
____________________________________________________________________________________________________________________________

                                                                                   FILED OCTOBER 22, 2002





                PEOPLE OF THE STATE OF MICHIGAN,


                        Plaintiff-Appellee,


                v                                                                                  No. 121355


                JOHN V. JONES,


                        Defendant-Appellant.


                ________________________________

                PER CURIAM


                        Defendant has applied for leave to appeal from the Court


                of Appeals order directing the trial court to immediately


                revoke his bond.              He argues that his pending application for


                a writ of habeas corpus in a federal court is an “appeal” for


                the purpose of MCL 770.8, so that he remains entitled to be


                free on bond.              We hold that an application for a writ of


                habeas corpus is not an appeal within the meaning of MCL


                770.8.         We thus affirm the judgment of the Court of Appeals.

                               I


     In 1999, defendant conditionally pleaded guilty1 to a


charge of possessing 225 or more grams, but less than 650


grams, of cocaine in violation of MCL 333.7403(2)(a)(ii), and


the court sentenced him to a seven-and-one-half to thirty-year


term of imprisonment.   The plea agreement permitted defendant


to appeal the legality of a search warrant that led to the


discovery of   the cocaine.    The agreement also permitted


defendant to remain free on bond “pending appeal.”   The trial


court accepted the plea, sentenced defendant in accordance


with the agreement, and entered an order that permitted him to


be free on bond of $50,000 or ten percent pending appeal.


     The Court of Appeals denied defendant’s application for


leave to appeal for lack of merit in the grounds presented.2


This Court also denied leave to appeal.3       Defendant then


petitioned the United States Supreme Court for a writ of




     1
      Conditional pleas are permitted under MCR 6.301(C)(2)

(permitting conditional pleas to preserve for appeal specified

pretrial rulings and entitling the defendant to withdraw his

plea if the specified pretrial ruling is overturned on

appeal); see also People v Reid, 420 Mich 326; 362 NW2d 655

(1984).

     2
      Unpublished order, entered August 30, 2000 (Docket No.

228299).

     3
      463 Mich 976; 623 NW2d 599, reconsideration den 463 Mich

976 (2001).


                               2
certiorari, which it denied.4


     The prosecutor then moved in the trial court to revoke


defendant’s bond.      While that motion was pending, defendant


filed an application for a writ of habeas corpus in the United


States District Court for the Eastern District of Michigan


pursuant to 28 USC 2254.           The prosecutor argued before the


trial court that the federal habeas corpus proceeding was an


independent civil action rather than a continuation of direct


appellate review, and that the trial court therefore no longer


had authority to continue bond.              The trial court denied the


prosecutor’s     motion,     but   increased          defendant’s     bond   to


$100,000.   


     The prosecutor then filed an emergency application for


leave to appeal in the Court of Appeals.               The Court of Appeals


reversed and ordered the trial court to immediately revoke


defendant’s     bond   and   remand        him   to   the   custody    of    the


Department of Corrections.5            Defendant then filed in this


Court an application for leave to appeal and a motion for stay


of proceedings.        We denied the motion for stay while we


     4
      Jones v Michigan, 534 US 954; 122 S Ct 354; 151 L Ed 2d

267 (2001).

     5
      Unpublished order, entered April 4, 2002 (Docket No.

239673), clarified, unpublished order, entered April 22, 2002

(clarifying that the prior order had immediate effect under

MCR 7.215[F][2]).


                                      3

considered the application for leave to appeal.6        We now


affirm.


                                 II


     Defendant argues that he is entitled to remain at liberty


during the pendency of his application for a writ of habeas


corpus because the federal proceeding is an appeal for the


purpose of MCL 770.8.


     This case presents an issue of statutory interpretation


that we review de novo.      Lesner v Liquid Disposal, Inc, 466


Mich 95, 99; 643 NW2d 553 (2002).


     MCL 770.8 provides: 


          During the time between the trial court

     judgment and the decision of the court to which an

     appeal is taken, the trial judge may admit the

     defendant to bail, if the offense charged is

     bailable and if the offense is not an assaultive

     crime as defined in section 9a of this chapter.


     This provision permits bail only during the process of


appeal. The statute does not define the word “appeal,” so we


may consult a dictionary to ascertain the meaning of the term.


Consumers Power Co v Public Service Comm, 460 Mich 148, 163,


n 10; 596 NW2d 126 (1999) (citing MCL 8.3a).    The Legislature


requires that “technical words and phrases, and such as may


have acquired a peculiar and appropriate meaning in the law,



     6
         644 NW2d 762 (2002).


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shall be construed and understood according to such peculiar


and appropriate meaning.”              MCL 8.3a.     Because “appeal” is a


legal term of art, resort to a legal dictionary to determine


its meaning is appropriate.               See Consumers Power, 460 Mich


163.          An    “appeal”    is    “[r]esort     to    a    superior      (i.e.,


appellate) court to review the decision of an inferior (i.e.,


trial) court or administrative agency.                        A complaint to a


higher tribunal of an error or injustice committed by a lower


tribunal, in which the error or injustice is sought to be


corrected or reversed.”              Black’s Law Dictionary (6th ed). 


       This        definition    does         not   describe        the   instant


relationship in which state courts are not “inferior” to or


“lower” than federal courts, and federal                          courts are not


“superior” to or “higher” than state courts.                        Rather, such


courts constitute separate systems of justice. 


       28 USC 2254 does not grant federal courts the power of


appellate review of state court convictions.                          Rather, it


provides      for    an   original     proceeding        in   a    federal    court


challenging the custody of a person who is detained under a


judgment of a state court.                    It sets forth a process of


“application” for a writ and denominates one who seeks a writ


as an “applicant” rather than an “appellant.”                       In short, the


statute does not provide for direct or appellate review of the


                                         5

state court judgment of conviction and sentence.               28 USC


2254(a)-(h).


     Moreover,    as   the   United   States      Supreme   Court   has


explained:


          The whole history of the writ—its unique

     development—refutes a construction of the federal

     courts’ habeas corpus powers that would assimilate

     their task to that of courts of appellate review.

     The function on habeas is different. It is to test

     by way of an original civil proceeding, independent

     of the normal channels of review of criminal

     judgments, the very gravest allegations.      State

     prisoners are entitled to relief on federal habeas

     corpus only upon proving that their detention

     violates the fundamental liberties of the person,

     safeguarded against state action by the Federal

     Constitution. [Townsend v Sain, 372 US 293, 311­
     312; 83 S Ct 745; 9 L Ed 2d 770 (1963), overruled

     in part on other grounds Keeney v Tamayo-Reyes, 504

     US 1; 112 S Ct 1715; 118 L Ed 2d 318 (1992).]


     Similarly,   Michigan    case    law   has   long   distinguished


applications for the writ of habeas corpus from appeals from


criminal proceedings: 


          Habeas corpus is a civil proceeding the main

     purpose of which is to cause the release of persons

     illegally confined, to inquire into the authority

     of law by which a person is deprived of his

     liberty. Application for the writ of habeas corpus

     is not made in the criminal proceedings; it is made

     in a new and independent civil action instituted to

     enforce a civil right, the right to liberty.

     [People v McCager, 367 Mich 116, 121; 116 NW2d 205

     (1962)(citations omitted).] 


See also In re Palm, 255 Mich 632, 634; 238 NW 732 (1931)


(“The writ of habeas corpus cannot function as a writ of



                                 6

error”).


     A federal district court considering an application under


28 USC 2254 is simply a trial court exercising original


jurisdiction over an application for a writ authorized under


federal law.      See 28 USC 1331.               That its habeas corpus


jurisdiction     permits      it,         under      carefully    defined


circumstances,    to   scrutinize        state    court   proceedings   for


alleged violations of the United States Constitution and


federal laws does not transform the federal district court


into a superior appellate court with jurisdiction to reverse


the judgment of a prisoner’s conviction. Rather, its power is


limited to granting a writ that compels the release of the


prisoner from unlawful detention.


     Accordingly, we hold that an application for a writ of


habeas corpus does not constitute a              criminal “appeal” within


the meaning of MCL 770.8.      A court’s authority to grant a bond


under MCL 770.8 is limited to the time during the appellate


process, and federal habeas corpus proceedings are not a


continuation of that process. 


                                  III


     For the foregoing reasons we affirm the judgment of the


Court of Appeals.


     CORRIGAN , C.J., and CAVANAGH , WEAVER , KELLY , TAYLOR , YOUNG , and


                                    7

MARKMAN , JJ., concurred.





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