Can an Acquitted Charge Increase Your Michigan Sentence?
Can an acquitted charge affect a Michigan sentence? Learn how Beck and Motten distinguish prohibited acquitted conduct from other sentencing findings, and what to review before an appeal.
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Federal Habeas Corpus in Michigan: Challenging a Conviction After State Appeals
Can a federal court review a Michigan conviction after state appeals end? This guide explains federal habeas corpus, the one-year deadline, MCR 6.500 tolling, constitutional claims, new evidence, and the questions families should ask before seeking review.
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Grounds for a Criminal Appeal in Michigan: Errors That Can Overturn a Conviction or Sentence
A witness changed a story. The judge excluded evidence. A defense attorney never contacted someone who could have helped. The sentence seemed far more severe than the circumstances justified. Each concern deserves attention. But the question on appeal is not simply whether something went wrong. It is whether the mistake supports a legal claim, can…
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People v. Pena: Prosecutor Confessed Error After Perjury and Secret Proceedings
James Czarnecki worked on the Ricardo Pena criminal appeal while working with appellate attorney Gerald Lorence. After reviewing transcripts, identifying issues and drafting appellate pleadings involving perjury and prosecutorial misconduct, the prosecution ultimately confessed error in the Michigan Court of Appeals.
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People v. Smith: Forensic Pathology, Appellate Investigation, and the Missing Defense Expert
In the post-conviction investigation of People v. Mario Smith, attorney James Czarnecki reconstructed an old murder case, located medical evidence, obtained an independent forensic review from a medical examiner, and supplied expert proof the original appellate record lacked
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People v. Smith: Czarnecki Raised Miller Retroactivity Before US Supreme Court Decision in Montgomery—Life Without-Parole Sentence Vacated
James Czarnecki raised and preserved the Miller retroactivity issue in Mario Smith’s Michigan post-conviction litigation while existing Michigan precedent rejected the argument. After Montgomery held Miller retroactive, the Michigan Supreme Court vacated Smith’s life-without-parole sentence and ordered resentencing.
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Michigan MCR 6.500 Victory: Three Felony Convictions Vacated After Plea Error
James Czarnecki successfully challenged three Michigan convictions through an MCR 6.500 motion after the plea and sentencing transcripts revealed a significant error concerning HYTA eligibility. After the convictions were vacated, he negotiated with the prosecutor and the charges were not pursued again.
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Michigan Murder Appeal: New Trial Granted After Evidentiary Hearing
Obtaining a new trial after a first-degree murder conviction is among the most significant forms of relief that can be achieved in criminal appellate litigation. People v. Lionel Beauchamp is a concrete example. Beauchamp had been convicted by a Wayne County jury of first-degree murder and second-degree murder. His first-degree murder conviction resulted in a…
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Newly Discovered Evidence in Michigan Criminal Cases: Can New Evidence Overturn a Conviction?
A criminal conviction does not necessarily end the search for the truth. Sometimes important evidence is discovered only after the trial has ended. A witness may come forward for the first time. A prosecution witness may admit that prior testimony was false. New scientific research may undermine expert testimony used to obtain the conviction. Previously…
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Protecting the Right to Appellate Counsel in Michigan: James Czarnecki’s ACLU Work Challenging the Denial of Counsel
The right to appeal a criminal conviction has little practical meaning if a person lacks the legal assistance necessary to pursue that appeal. That principle was at the center of significant constitutional litigation in Michigan following the United States Supreme Court’s landmark decision in Halbert v. Michigan, 545 U.S. 605 (2005). The litigation concerned whether…
