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People State Michigan v. Carl Joseph

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eBook details

  • Title: People State Michigan v. Carl Joseph
  • Author : Supreme Court of Michigan
  • Release Date : January 01, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the order in which the Court of Appeals denied the defendant's motion to remand. Since the defendant's timely motion identified an issue sought to be reviewed on appeal for which a testimonial record must be developed to support the issue, the Court of Appeals clearly erred in failing to grant the motion to remand to the trial court. MCR 7.211(C)(1). We REMAND this case to the Court of Appeals which shall, while retaining jurisdiction, remand this case to the Oakland Circuit Court for a hearing on the defendant's claim that his guilty plea was involuntary because it was induced by his attorneys' representations that the plea agreement called for a sentence of 4-15 years. We do not retain jurisdiction.


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