Michael Vance v. Debra Scutt

OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2004, a Michigan jury convicted petitioner-appellee Michael Vance in two consolidated cases of first- and second-degree criminal sexual conduct with a minor. Vance unsuccessfully pursued leave to appeal and post-conviction relief. On habeas review, the district court granted relief, finding constitutionally deficient (1) Vance’s appellate counsel’s filing of an application for leave to appeal instead of an appeal of right, and (2) the trial court’s failure to advise Vance to file a notice of appeal in both cases. We affirm the district court’s grant…