Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

05/18/76 MOORE v. NINTH DISTRICT JUDGE

May 18, 1976

MOORE
v.
NINTH DISTRICT JUDGE



Appeal from Kalamazoo, Raymond W. Fox, J.

Leave to appeal denied, 397 Mich 16.

Danhof, P. J., and Quinn and D. E. Holbrook, Jr., JJ.

SYLLABUS BY THE COURT

1. Appeal and Error -- Court of Appeals -- Appeal as of Right -- Superintending Control -- Circuit Court -- Statutes -- Court Rules.

There is an appeal as of right to the Court of Appeals from an action in circuit court for a writ of superintending control (MCLA 600.309; MSA 27A.309, GCR 1963, 806.1).

2. Appeal and Error -- Appeal by Leave Granted -- District Court -- Interlocutory Appeal -- Circuit Court -- Statutes -- Court Rules.

An action in circuit court, which should have been denominated an interlocutory appeal from a district court decision, may be appealed to the Court of Appeals only by leave granted (MCLA 600.308[2]; MSA 27A.308[2], GCR 1963, 806.2[4]).

3. Appeal and Error -- Superintending Control -- Appeal as of Right -- Adequate Remedy -- Interlocutory Appeal.

Plaintiffs' action in circuit court for an order of superintending control to prohibit their prosecution in district court on a charge of possession of marijuana is not a true complaint for an order of superintending control and is not an original civil action that is appealable as of right where the plaintiffs have an adequate remedy for challenging the district court ruling, viz., an interlocutory appeal to the circuit court.

4. Appeal and Error -- Appeal as of Right -- Appeal by Leave Granted -- Jurisprudential Significance -- Court Rules.

An appeal will normally be dismissed for lack of jurisdiction where the appellants file a claim of appeal when they have no appeal as of right; however, the Court of Appeals may treat the case as one in which leave has been granted where the underlying question is of major jurisprudential significance (GCR 1963, 820.1[7]).

5. -- Plea of Guilty -- Plea of Nolo Contendere -- Withdrawal of Plea.

There is no distinction between a plea of guilty and a plea of nolo contendere for purposes of a motion to withdraw a plea.

6. -- Plea of Nolo Contendere -- Lesser Offense -- Withdrawal of Plea -- Claim of Innocence -- ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.