Opinion · Court of Appeals for the Sixth Circuit
Dennis Wills v. Charles Egeler, Warden of State Prison of Southern Michigan
532 F.2d 1058
- Type
- Opinion
- Court
- Court of Appeals for the Sixth Circuit
- Jurisdiction
- Federal
- Date
- 1976-03-16
- Topic
- general
holding that a “[d]etermination of whether a state court is vested with jurisdiction under state law is a function of the state courts, not the federal judiciary.” | denying habeas relief because 8 “[d]etermination of whether a state court is vested with jurisdiction under state law is a function of 9 the state courts, not the federal judiciary.” | a “[djetermi-nation of whether a state court is vested with jurisdiction under state law is a function of the state courts, not the federal judiciary” | “Determination of whether a state court is vested with jurisdiction under state law is a function of the state courts, not the federal judiciary.” | “Determination of whether a state court is vested with jurisdiction under 17 state law is a function of the state courts, not the federal judiciary.” | “Determination of whether a state court is vested with 17 jurisdiction under state law is a function of the state courts, not the federal judiciary.” | “Determination of 10 whether a state court is vested with jurisdiction under state law is a function of the state courts, 11 not the federal judiciary.” | “Determination of whether 17 a state court is vested with jurisdiction under state law is a function of the state 18 courts, not the federal judiciary” | “Determination of whether a state court is vested CIVIL MINUTES – GENERAL Case No. EDCV 20-1348 RSWL (PVC) Date: August 14, 2020 Title Omar Ramirez v. C. Koenig, Warden with jurisdiction under state law is a function of the state courts, not the federal judiciary.”
Citator
- Cited by
- 35 opinions
Frank J. Kelley, Atty, Gen. of Michigan, Robert A. Derengoski, Jann C. Ryan, Lansing, Mich., for respondent-appellee.
[2] District Judge Charles W. Joiner denied the application of Wills for a writ of habeas corpus. We affirm.
[3] Wills contends that the state district court had no jurisdiction to bind him over for trial and therefore the state trial court acquired no jurisdiction to try and convict him. For this position he relies upon ArticleIV, §24of the Constitution of Michigan, which provides: "No law shall embrace more than one object, which shall be expressed in its title."
[4] The Supreme Court of Michigan rejected this contention inPeople v. Milton,393 Mich. 234,224 N.W.2d 266(1974), holding that the state district courts have the requisite criminal jurisdiction and that the statute conferring jurisdiction did not violate Article IV, § 24 of the State Constitution.
[5] Federal habeas corpus relief can be granted only for violation of the Constitution or laws of the United States.28 U.S.C. § 2254;Combs, v. Tennessee,530 F.2d 695(6th Cir. 1976). The constitutional provision relied upon by Wills appears in the Constitution of Michigan, not the Constitution of the United States. Determination of whether a state court is vested with jurisdiction under state law is a function of the state courts, not the federal judiciary.United States ex rel. Herrington v.Mancusi,415 F.2d 205(2nd Cir. 1969).
[6] This case came on to be heard pursuant to Sixth Circuit Rule 3(e).1
[7] The court concludes that the appeal is frivolous and completely without merit. Sixth Circuit Rule 9.
[8] Accordingly, the appeal is dismissed.
- (e) Docket Control. In the interest of docket control, the chief judge may from time to time, in his discretion, appoint a panel or panels to review pending cases for appropriate assignment or disposition under Rules 7(e), 8 or 9 or any other rule of this court. ↩