Summary
This federal district court opinion denies a state prisoner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petitioner challenged his Michigan state court convictions on grounds including lack of subject-matter jurisdiction due to a one-man grand jury indictment, the applicability of People v. Peeler, and the absence of a preliminary examination. The court found that state courts conclusively determine their own jurisdiction, there is no federal right to a preliminary examination, and the petitioner failed to demonstrate a substantial denial of constitutional rights. Consequently, the petition was denied, a certificate of appealability was declined, and leave to proceed in forma pauperis on appeal was granted.
Topics
Practice areas
Questions Presented
- Whether the Michigan state court lacked subject‑matter jurisdiction because Washington was indicted by a one‑man grand jury.
- Whether the Michigan Court of Appeals erred in denying Washington’s appeal after the Michigan Supreme Court’s decision in People v. Peeler.
- Whether the failure to provide a preliminary examination violated Washington’s federal or Michigan constitutional rights.
Holdings
- The district court held that Washington is not entitled to habeas relief on this claim because the state court’s jurisdictional determination is binding.
- The district court held that Washington is not entitled to relief because the state appellate court’s jurisdictional determination is binding.
- The district court held that the failure to provide a preliminary examination did not violate Washington’s federal or state constitutional rights, and therefore no relief is warranted.
Key quotations
“Whether a state court was ‘vested with jurisdiction under state law is a function of the state courts, not the federal judiciary.’” (*17)
Factual background
In 2018 Washington was convicted of assault with intent to commit murder and multiple felon‑in‑possession offenses arising from a non‑fatal shooting. He was sentenced as a habitual offender, resentenced after a state appellate remand, and later filed a habeas petition claiming the indictment by a one‑man grand jury and lack of a preliminary examination rendered the state court proceedings void.
Procedural history
Washington was convicted in Michigan state courts of assault and firearms offenses, resentenced after a state appellate decision, and subsequently filed a federal habeas petition alleging lack of jurisdiction, improper denial by the Michigan Court of Appeals, and denial of a preliminary examination. The district court denied the petition.