Morse v. Trippett

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,…