People v. Farmilo, Docket No. 74211
| Decision Date | 09 November 1984 |
| Docket Number | Docket No. 74211 |
| Citation | 358 N.W.2d 350,137 Mich.App. 378 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Arthur FARMILO, Defendant-Appellee. 137 Mich.App. 378, 358 N.W.2d 350 |
| Court | Court of Appeal of Michigan — District of US |
[137 MICHAPP 379] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., L. Brooks Patterson, Pros. Atty., Robert C. Williams, Chief Appellate Asst. Pros. Atty., and Robert F. Davisson, Asst. Pros. Atty., for the People.
Before V.J. BRENNAN, P.J., and R.B. BURNS and COLEMAN *, JJ.
The Oakland County Prosecutor's office prepared a complaint and warrant charging defendant with indecent exposure in violation of M.C.L. Sec. 750.335a; M.S.A. Sec. 28.567(1) and with being a sexually delinquent person under M.C.L. Sec. 750.10a; M.S.A. Sec. 28.200(1).
The prosecutor requested that Oakland County Circuit Court Judge Francis O'Brien hear witnesses swear to the complaint and further requested that Judge O'Brien issue a warrant for defendant's arrest. Judge O'Brien declined to hear the witnesses swear to the complaint and refused to issue an arrest warrant, holding that jurisdiction rested with the district court to hear the complaint and issue a warrant. Judge O'Brien [137 MICHAPP 380] entered a written order consistent with his earlier opinion. The prosecutor now appeals from Judge O'Brien's order and we affirm.
District court magistrates are vested with jurisdiction to issue warrants for the arrest of a person upon the written authorization of the prosecuting or municipal attorney. M.C.L. Sec. 600.8511(b); M.S.A. Sec. 27A.8511(b). Further, M.C.L. Sec. 600.8311; M.S.A. Sec. 27A.8311 states:
Except in cases brought before the circuit court by indictment or appeal from a lower court, the jurisdiction of the circuit court in criminal cases is limited to the crime or crimes included in the return of the examining magistrate. The circuit court gains jurisdiction over a defendant charged with a criminal offense triable in circuit court upon the filing of a...
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People v. Johnson
...391 Mich. 115, 119, 215 N.W.2d 145 (1974). See also People v. Curtis, 389 Mich. 698, 707, 209 N.W.2d 243 (1973); People v. Farmilo, 137 Mich.App. 378, 380, 358 N.W.2d 350 (1984); M.C.L. Sec. 766.14; M.S.A. Sec. 28.932. "The circuit court does not lose jurisdiction, where a void or improper ......
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Ireland v. Tunis
...the authority to issue arrest warrants. Ireland contends that a decision of the Court of Appeals of Michigan, People v. Farmilo, 137 Mich.App. 378, 358 N.W.2d 350 (1984), conclusively demonstrates that Michigan circuit judges lack the discretionary power to entertain requests for arrest war......
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Ireland v. Tunis
...on Michigan case law and statutes, Plaintiff argues that he was not. In particular, Plaintiff directs the Court to People v. Farmilo, 137 Mich.App. 378, 358 N.W.2d 350 (1984). In Farmilo, the Oakland County Prosecutor appealed a decision of the Oakland County Circuit Court denying his reque......
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Ireland v. Tunis
...arrest warrants. Moreover, in that opinion, this Court flatly rejected Plaintiff's contention that the case of People v. Farmilo, 137 Mich.App. 378, 358 N.W.2d 350 (1984), conclusively demonstrates that Michigan circuit court judges lack the discretionary power to entertain requests for arr......