Key Takeaway: Prosecutorial Misconduct Can Be a Powerful Issue in a Michigan Criminal Appeal Prosecutorial misconduct in Michigan criminal appeals is not simply about identifying something a prosecutor did wrong. The critical question is whether the prosecutor’s conduct violated the defendant’s rights, undermined the fairness of the trial, and provides a legally sufficient basis for…
You generally may file a Michigan MCR 6.500 motion without a lawyer. The reason to consult an attorney before filing is to determine which claims the record supports, whether the court can consider them, and what further investigation is needed. Michigan generally limits defendants to one motion for relief from judgment, subject to exceptions. This…
When a criminal conviction has already occurred, choosing an attorney to handle an appeal is fundamentally different from choosing a lawyer to handle a case at trial. A criminal appeal in Michigan requires a Michigan criminal appellate attorney who can examine a complicated trial record, identify legal errors that may have affected the outcome, research…
To file a Michigan motion for relief from judgment, prepare the motion and supporting record, file it in the court where you were convicted and sentenced, and serve the prosecutor. This guide covers the documents, filing steps, court review, and deadlines after a decision. Before drafting, read our MCR 6.500 eligibility and grounds guide to…
A Michigan motion for relief from judgment, often called a 6.500 motion, asks the trial court to set aside or modify a criminal judgment after direct appellate review is no longer available. Potential grounds include ineffective assistance of counsel, newly discovered evidence, constitutional violations, an involuntary plea, or an invalid sentence. A potentially serious error…
Michigan criminal appeal deadlines differ after a trial, a guilty plea, and a post-conviction ruling. For a criminal appeal of right to the Michigan Court of Appeals, MCR 7.204(A)(2) includes a 42-day period and specified alternative triggers. For a defendant seeking leave from a final criminal judgment or order, MCR 7.205(A)(2) generally uses the later…
To file a Michigan criminal appeal, first identify the judgment or order, the court that entered it, and whether review is by right or by application for leave. Then verify the deadline, obtain the required records, and file and serve the correct documents. A circuit-court trial conviction, a guilty plea, and a district-court misdemeanor do…
