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STATE OF MICHIGAN COURT OF APPEALS

PATRICK J. KENNEY, Plaintiff-Appellee, v WARDEN RAYMOND BOOKER, Defendant-Appellant.

UNPUBLISHED April 3, 2012

No. 304900 Wayne Circuit Court LC No. 11-003828-AH

Before: O'CONNELL, P.J., and SAWYER and TALBOT, JJ. PER CURIAM. Defendant appeals by leave the judgment granting plaintiff's complaint for habeas corpus and the accompanying order granting plaintiff's motion for summary disposition. We reverse and remand for entry of a judgment denying plaintiff's complaint for habeas corpus and an order denying plaintiff's motion for summary disposition. Defendant argues that the circuit court erred in granting habeas corpus relief to plaintiff because there was no radical defect in jurisdiction rendering the parole board's revocation of plaintiff's parole absolutely void. We agree. "This Court reviews de novo questions of constitutional law." People v Vaughn, 291 Mich App 183, 195; 804 NW2d 764 (2010), lv gtd 490 Mich 887 (2011). "A determination regarding whether a party has received due process is a question of law reviewed de novo." People v Odom, 276 Mich App 407, 421; 740 NW2d 557 (2007). Also, "[p]arole eligibility is governed by statute, and interpretations and applications of statutes are questions of law reviewed de novo." Morales v Parole Bd, 260 Mich App 29, 33; 676 NW2d 221 (2003). "A prisoner's right to file a complaint for habeas corpus relief is guaranteed by Const 1963, art 1,

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Michigan Law