Moore v. Ninth District Judge

D. E. Holbrook, Jr., J.

The plaintiffs, brothers, were initially charged with possession of marijuana. MCLA 335.341(4)(d); MSA 18.1070(41)(4)(d). Following two conferences in the district court’s chambers the plaintiffs pled nolo contendere to an added count of illegal use of marijuana. MCLA 335.341(5)(d); MSA 18.1070(41)(5)(d). Each plaintiff received a sentence of one to two years probation and the possession charge was dismissed.

Subsequently, the district court granted the plaintiffs’ motion to withdraw their plea based on plaintiffs’ claim of innocence, which they made during the plea…