Morse v. Trippett

Type

Opinion of the Court

Author

Cornelia Groefsema Kennedy

Filed

Feb. 20, 2002

Case

Morse v. Trippett

Case status

Decided

The first passage of the document, as extracted by the source provider.

KENNEDY, Circuit Judge. Respondent appeals from the district court’s order granting petitioner habeas corpus relief. For the reasons set forth below, we vacate the district court’s order and remand for further proceedings consistent with this opinion. I. Pursuant to a plea agreement, petitioner Morse pleaded guilty in the Genesee County Michigan Circuit Court to one count of Possession with Intent to Deliver over 50 grams of Cocaine, in violation of M.C.L. 333.7401(2)(a)(iii). In exchange, the prosecution nolle prossed a supplemental information charging petitioner as a habitual offender, fourth, pursuant to M.C.L. 769.12. At the time of the plea hearing, Morse was represented by attorney David A. Nelson. At the hearing, the presiding judge conducted a proper plea colloquy. Following the entry of his plea, but before sentencing, Morse, now represented by retained counsel Harry S. Sherwin, filed a motion to withdraw the plea. Morse argued that he was confused at the plea hearing, and asserted that he thought he was pleading guilty to possession of less than 50 grams of cocaine. The trial court conducted an evidentiary hearing on the matter and denied the motion, concluding that the …

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