Jeffrey Ricardo Wimberly v. Michigan

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?