No. 25-5321

Jeffrey Ricardo Wimberly v. Michigan

Lower Court: Michigan
Docketed: 2025-08-11
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure constitutional-violation equitable-tolling jurisdictional-challenge michigan-supreme-court subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Does a lower court lose subject-matter jurisdiction when an equitably tolled appeal is pending in a higher court, and did the Michigan Supreme Court's intervention constitute a constitutional violation?

Question Presented (OCR Extract)

While Mr. Wimberly was on appeal he sought and received equitable tolling per Michigan Supreme Court Administrative Order 2020-21. The Court of Appeals effectively retained jurisdiction. As his appeal was pending, the trial court resentenced him. The Michigan Supreme Court, sua sponte, raised the question whether the trial court violated subject-matter jurisdiction. The Michigan Supreme Court then looked the other way "by simply not applying" its own precedent. This petition presents the following questions: 1. Does a lower court lose subject-matter jurisdiction over a petitioner's case when his equitably tolled appeal pends in a higher court? 2. If so, did the Michigan Supreme Court’s intervention in rasing the jurisdictional issue on its own motion, then looking the other way, a blatant violation of a constitutional magnitude?

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2025)

Attorneys

Jeffrey Ricardo Wimberley
Jeffrey Ricardo Wimberly — Petitioner